The Chief Clerk proceeded to read the
Journal of the preceding day.There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.

Journal of
the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7472

REPORTS
OF STANDING COMMITTEES AND DIVISIONS

Johnson, B.,
from the Committee on Public Safety and Security Policy and Finance to which
was referred:

(a) Whoever by an act or failure to
perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:

(1) maintains or permits a condition which
unreasonably annoys, injures or endangers the safety, health, morals, comfort,
or repose of any considerable number of members of the public; or

(2) except as provided in paragraph
(b), interferes with, obstructs, or renders dangerous for passage, any
public highway or right-of-way, or waters used by the public; or

(3) is guilty of any other act or omission
declared by law to be a public nuisance and for which no sentence is
specifically provided.

(b) It is a gross misdemeanor for a
person to interfere with or obstruct traffic that is entering, exiting, or on a
freeway or entering, exiting, or on a public roadway within the boundaries of
airport property with the intent to interfere with, obstruct, or otherwise
disrupt traffic.This paragraph does not
apply to the actions of law enforcement or other emergency responders, road or
airport authorities, or utility officials, or their agents, employees, or
contractors when carrying out duties imposed by law or contract.For purposes of this paragraph:(1) "airport" means an airport that
has a control tower and airline service; and (2) "freeway" means any
section of a divided highway where the only access and egress for vehicular
traffic is from entrance and exit ramps.

EFFECTIVE DATE.This section is effective August 1, 2018, and
applies to crimes committed on or after that date.

Subd. 2.Unlawful
interference with transit operator.(a) Whoever intentionally commits an act that interferes with or
obstructs, or tends to interfere with or obstruct, the operation of a transit
vehicle is guilty of unlawful interference with a transit operatora
crime and may be sentenced as provided in paragraph (c).

(b) An act that is committed on a
transit vehicle that distracts the driver from the safe operation of the
vehicle, restricts passenger access to the transit vehicle, or that
endangers passengers is a violation of this subdivision if an authorized
transit representative has clearly warned the person once to stop the act.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7473

(c)
A person who violates this subdivision may be sentenced as follows:

(1) to imprisonment for not more than three
years or to payment of a fine of not more than $5,000, or both, if the
violation was accompanied by force or violence or a communication of a threat
of force or violence; or

(2) to imprisonment for not more than 90
daysone year or to payment of a fine of not more than $1,000$3,000, or both, if the violation was not accompanied by force or
violence or a communication of a threat of force or violence.

EFFECTIVE DATE.This section is effective August 1, 2018, and
applies to crimes committed on or after that date."

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Anderson, S.,
from the Committee on State Government Finance to which was referred:

H. F. No. 1318, A bill for
an act relating to veterans; establishing a veterans preference in hiring in
the legislature and state courts; proposing coding for new law in Minnesota
Statutes, chapters 3; 480.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Public Safety
and Security Policy and Finance.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

Subdivision 1.Establishment
of advisory council.(a) The
Opioid Addiction Prevention and Treatment Advisory Council is established to
confront the opioid addiction and overdose epidemic in this state and focus on:

(1) prevention and education, including
public education and awareness for adults and youth, prescriber education, and
the development and sustainability of opioid overdose prevention programs;

(2) the expansion and enhancement of a
continuum of care for opioid-related substance use disorders, including primary
prevention, early intervention, treatment, and recovery services; and

(3) services to ensure overdose
prevention as well as public safety and community well-being, including
expanding access to naloxone and providing social services to families affected
by the opioid overdose epidemic.

(b) The council shall:

(1) review local, state, and federal
initiatives and activities related to education, prevention, and services for
individuals and families experiencing and affected by opioid addiction;

(2) establish priorities and actions to
address the state's opioid epidemic for the purpose of allocating funds;

(3) ensure optimal allocation of
available funding and alignment of existing state and federal funding to
achieve the greatest impact and ensure a coordinated state effort;

(4) develop criteria and procedures to
be used in awarding grants and allocating available funds from the opioid
addiction prevention and treatment account; and

(5) develop measurable outcomes to
determine the effectiveness of the funds allocated.

(c) The council shall make
recommendations on grant and funding options for the funds annually
appropriated to the commissioner of human services from the opioid addiction
prevention and treatment account.The
options for funding may include, but are not limited to:prescriber education; the development and
sustainability of prevention programs; the creation of a continuum of care for
opioid-related substance abuse disorders, including primary prevention, early
intervention, treatment, and recovery services; and additional funding for
child protection case management services for children and families affected by
opioid addiction.The council shall
submit recommendations for funding options to the commissioner of human
services and to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance
by March 1 of each year, beginning March 1, 2019.

Subd. 2.Membership.(a) The council shall consist of 17
members appointed by the commissioner of human services, except as otherwise
specified:

(1) two members of the house of
representatives, one from the majority party appointed by the speaker of the
house and one from the minority party appointed by the minority leader;

(2) two members of the senate, one from
the majority party appointed by the senate majority leader and one from the
minority party appointed by the senate minority leader;

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7475

(3)
one member appointed by the Board of Pharmacy;

(4) one member who is a medical doctor
appointed by the Minnesota chapter of the American College of Emergency
Physicians;

(5) one member representing programs
licensed under chapter 245G that specialize in serving people with opioid use
disorders;

(6) one member who is a medical doctor
appointed by the Minnesota Hospital Association;

(7) one member who is a medical doctor
appointed by the Minnesota Society of Addiction Medicine;

(8) one member representing a pain
psychologist;

(9) one member appointed by the Steve
Rummler Hope Network;

(10) one member appointed by the
Minnesota Ambulance Association;

(11) one member representing the
Minnesota courts who is a judge or law enforcement officer;

(12) one public member who is a
Minnesota resident and who has been impacted by the opioid epidemic;

(13) one member representing an Indian
tribe;

(14) the commissioner of human services
or designee; and

(15) the commissioner of health or
designee.

(b) The commissioner shall coordinate
appointments to provide geographic diversity and shall ensure that at least
one-half of council members reside outside of the seven-county metropolitan
area.

(c) The council is governed by section
15.059, except that members of the council shall receive no compensation other
than reimbursement for expenses.Notwithstanding
section 15.059, subdivision 6, the council shall not expire.

(d) The chair shall convene the council
at least quarterly, and may convene other meetings as necessary.The chair shall convene meetings at different
locations in the state to provide geographic access and shall ensure that at
least one-half of the meetings are held at locations outside of the
seven-county metropolitan area.

(e) The commissioner of human services
shall provide staff and administrative services for the advisory council.

(f) The council is subject to chapter
13D.

Sec. 2.[151.256]
OPIOID ADDICTION PREVENTION AND TREATMENT ACCOUNT.

Subdivision 1.Establishment.The opioid addiction prevention and
treatment account is established in the special revenue fund in the state
treasury.All state appropriations to
the account, and any federal funds or grant dollars received for the prevention
and treatment of opioid addiction, shall be deposited into the account.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7476

Subd. 2.Use
of account funds.(a) For
fiscal year 2019, money in the account is appropriated as specified in section
3.

(b) For fiscal year 2020 and subsequent
fiscal years, money in the opioid addiction prevention and treatment account is
appropriated to the commissioner of human services, to be awarded, in
consultation with the Opioid Addiction Prevention and Treatment Advisory
Council, as grants or as other funding as determined appropriate to address the
opioid epidemic in the state.Each
recipient of grants or funding shall report to the commissioner and the
advisory council on how the funds were spent and the outcomes achieved, in the
form and manner specified by the commissioner.

Subd. 3.Annual
report.Beginning January 15,
2019, and each January 15 thereafter, the commissioner, in consultation with
the Opioid Addiction Prevention and Treatment Advisory Council, shall report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance on the grants
and funds awarded under this section and section 3 and the outcomes achieved.Each report must also identify those
instances for which the commissioner did not follow the recommendations of the
advisory council and the commissioner's rationale for taking this action.

Sec. 3.APPROPRIATION;
OPIOID ADDICTION PREVENTION AND TREATMENT.

Subdivision 1.Commissioner
of human services.(a) For
fiscal year 2019, $16,500,000 is transferred from the general fund to the
opioid addiction prevention and treatment account.This money is appropriated from the account
to the commissioner of human services.The
commissioner, in consultation with the Opioid Addiction Prevention and
Treatment Advisory Council, shall distribute the appropriation according to
this subdivision.

(b) At least 30 percent of the
available funds shall be used for county social services agencies to provide
services to children in placement who are affected by opioid addiction.The commissioner shall distribute the money
allocated under this subdivision proportionally to counties based on the number
of open child protection case management cases in the county using data from
the previous calendar year.

(c) At least ten percent of the available
funds shall be used to provide grants to county boards to fund programs and
services to prevent and treat opioid addiction.

(d) The commissioner may use up to five
percent of the available funds for administration of this section and to
provide staff and administrative services for the Opioid Addiction Prevention
and Treatment Advisory Council.

(e) The remaining appropriation must be
used for the following purposes:

(1) providing grants to nonprofit
organizations, including grants to regional emergency medical services programs
regulated under Minnesota Statutes, section 144E.50, for the purpose of
expanding prescriber education and public awareness and the purchase of opiate
antagonists for distribution to the health care and public safety communities;
and

(f) Each recipient of grants or funding
shall report to the commissioner and the Opioid Addiction Prevention and
Treatment Advisory Council on how the funds were spent and the outcomes
achieved, in the form and manner specified by the commissioner.

(g) Of the amount transferred in
paragraph (a), $15,000,000 shall remain as base funding for the opioid
addiction prevention and treatment account for fiscal year 2020 and subsequent
fiscal years.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7477

Subd. 2.Board
of Pharmacy.For fiscal year
2019, $3,500,000 from the general fund is transferred to the opioid addiction
prevention and treatment account.This
money is appropriated from the account to the Board of Pharmacy, to integrate
the prescription monitoring program database with electronic health records on
a statewide basis.The board may use
this funding to contract with a vendor for technical assistance, provide grants
to health care providers, and to make any necessary technological modifications
to the prescription monitoring program database.This funding does not cancel and is available
until expended.

Sec. 4.APPROPRIATION;
BEYOND OPIOIDS PROJECT.

$1,600,000 in fiscal year 2018 is
appropriated from the general fund to the commissioner of administration for
grants to Twin Cities Public Television and to the Association of Minnesota
Public Educational Radio Stations to produce the Beyond Opioids Project in
collaboration with the stations of the Minnesota Public Television Association.Seventy percent of this funding shall go to
Twin Cities Public Television and 30 percent shall go to the Association of
Minnesota Public Educational Radio Stations.This appropriation is available until June 30, 2019.

EFFECTIVE
DATE.This section is
effective the day following final enactment.

Sec. 5.ADVISORY
COUNCIL FIRST MEETING.

The commissioner of human services
shall convene the first meeting of the Opioid Addiction Prevention and
Treatment Advisory Council established under Minnesota Statutes, section
151.255, no later than October 1, 2018.The
members shall elect a chair at the first meeting."

Delete the title and insert:

"A bill for an act relating to
health; establishing the Opioid Addiction Prevention and Treatment Advisory
Council; establishing a special revenue fund for opioid addiction prevention
and treatment; appropriating money; requiring reports; proposing coding for new
law in Minnesota Statutes, chapter 151."

With the recommendation that when so
amended the bill be re-referred to the Committee on Civil Law and Data
Practices Policy.

The
report was adopted.

Garofalo from the Committee on Job Growth
and Energy Affordability Policy and Finance to which was referred:

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7478

462A.38
WORKFORCE AND AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM.

Subdivision 1.Establishment.A workforce and affordable homeownership
development program is established to award homeownership development grants and
loans to cities, tribal governments, nonprofit organizations,
cooperatives created under chapter 308A or 308B, and community land trusts
created for the purposes outlined in section 462A.31, subdivision 1, for
development of workforce and affordable homeownership projects.The purpose of the program is to increase the
supply of workforce and affordable, owner-occupied multifamily or single-family
housing throughout Minnesota.

Subd. 2.Use of
funds.(a) Grant funds and loans
awarded under this program may be used for:

(1) development costs;

(2) rehabilitation;

(3) land development; and

(4) residential housing, including storm
shelters and related community facilities.

(b) A project funded through the grantthis program shall serve households that meet the income limits as
provided in section 462A.33, subdivision 5, unless a project is intended for
the purpose outlined in section 462A.02, subdivision 6.

Subd. 3.Application.The commissioner shall develop forms and
procedures for soliciting and reviewing applications for grants and loans
under this section.The commissioner
shall consult with interested stakeholders when developing the guidelines and
procedures for the program.In making
grants and loans, the commissioner shall establish semiannual
application deadlines in which grants and loans will be authorized from
all or part of the available appropriations.

Subd. 4.Awarding
grants and loans.Among
comparable proposals, preference must be given to proposals that include
contributions from nonstate resources for the greatest portion of the total
development cost.

Subd. 5.Statewide
program.The agency shall attempt to
make grants and loans in approximately equal amounts to applicants
outside and within the metropolitan area, as defined under section 473.121,
subdivision 2.

Subd. 6.Report.Beginning January 15, 2018, the
commissioner must annually submit a report to the chairs and ranking minority
members of the senate and house of representatives committees having
jurisdiction over housing and workforce development specifying the projects
that received grants and loans under this section and the specific
purposes for which the grant or loan funds were used.

Subd. 7.Workforce
and affordable homeownership development account.A workforce and affordable
homeownership development account is established in the housing development
fund.Money in the account, including
interest, is appropriated to the commissioner of the Housing Finance Agency for
the purposes of this section.The amount
appropriated under this section must supplement traditional sources of funding
for this purpose and must not be used as a substitute or to pay debt service on
bonds.

Subd. 8.Deposits;
determination of funding amount.(a)
In fiscal years 2019 to 2027, the commissioner of revenue shall annually
deposit, by September 15, an amount equal to the increment determined under
paragraph (b) into the workforce and affordable homeownership account in the
housing development fund.

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(b)
By September 1, 2018, and each year thereafter through 2027, the commissioner
of revenue must determine the total amount of the proceeds of the mortgage
registry tax imposed under section 287.035 and the deed tax imposed under
section 287.21 that was collected during the fiscal year ending in that
calendar year and must determine the increment that exceeds the amount
collected in the previous fiscal year.The
increment calculated under this paragraph must not be less than $0.

(c) All loan repayments received under
this section are to be deposited into the workforce and affordable
homeownership development account in the housing development fund.

EFFECTIVE
DATE.This section is
effective July 1, 2018."

Delete the title and insert:

"A bill for an act relating to
housing; expanding the entities qualified to participate in and types of
funding available through the workforce and affordable homeownership
development program; creating the workforce and affordable homeownership
development account; appropriating money; amending Minnesota Statutes 2016,
section 462A.38."

With the recommendation that when so
amended the bill be re-referred to the Committee on Taxes.

The
report was adopted.

Scott from the
Committee on Civil Law and Data Practices Policy to which was referred:

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7480

(b)
The commissioner shall form a working group comprised of an equal number of the
following health care practitioners:acupuncture
practitioners licensed under Minnesota Statutes, chapter 147B; chiropractors
licensed under Minnesota Statutes, section 148.06; physical therapists licensed
under Minnesota Statutes, section 148.705; and psychologists licensed under
Minnesota Statutes, section 148.907.The
working group shall establish guidelines for nonpharmacologic pain management
that are clinically viable, sustainable, and reduce and eliminate pain
conditions.The program guidelines must
be based on best practices for the effective treatment of musculoskeletal pain
for each licensed profession.Each
represented licensee shall present the minimum best integrative practice
guidelines, including, but not limited to, CPT codes and references to
nonpharmacologic treatment options for eliminating pain within their full
professional scope.The working group
shall determine a single integrative reimbursement rate appropriate for all
participating providers to be administered by managed care plans.The working group shall develop procedures to
ensure that managed care plans provide the same payment to all provider types
in a timely manner.The commissioner
shall utilize the working group to refine and improve program guidelines and
administration as needed.

(c) The working group shall present
recommendations on guidelines to the commissioner by August 1, 2018.

(d)
The commissioner shall contract with a managed care plan to implement the pilot
program beginning January 1, 2019, based on guidelines and procedures
established by the working group.

(e) The commissioner and the managed
care plan shall establish outcome measures for the pilot program that assess
reductions in pain levels, medication use, emergency room visits, and
improvements in function.These outcome
measures shall be reviewed by the working group before implementation under the
pilot program.

(f) The commissioner shall submit an
evaluation of the pilot program, and recommendations on how to implement the
pilot program guidelines and procedures as the standard pain protocol used by
the Department of Human Services, to the chairs and ranking minority members of
the legislative committees with jurisdiction over health and human services
policy and finance by December 15, 2020.

EFFECTIVE
DATE.This section is
effective the day following final enactment."

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

H. F. No. 2653, A bill for
an act relating to health; requiring the commissioner to make information on
human herpesvirus cytomegalovirus available to certain individuals; proposing
coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.

The
report was adopted.

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7481

Torkelson
from the Committee on Transportation Finance to which was referred:

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Ways and Means.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

H. F. No. 2741, A bill for
an act relating to human services; requiring a report to the legislature on
medical assistance, long-term services and supports, and other public
assistance program applications.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.

The
report was adopted.

Erickson from
the Committee on Education Innovation Policy to which was referred:

H. F. No. 2860, A bill for
an act relating to education; requiring the commissioner of education to review
district and charter school curricula; requiring a report; amending Minnesota
Statutes 2016, section 120B.021, by adding a subdivision.

Reported the same back with the following
amendments:

Page 1, line 11, after the period, insert
"The sample of school districts must include school districts of varied
size and geographic region."

With the recommendation that when so
amended the bill be re-referred to the Committee on Education Finance.

The
report was adopted.

Anderson, P.,
from the Committee on Agriculture Policy to which was referred:

Subd. 7.Licensing
moratorium.(a) The commissioner
shall not issue an initial license for child foster care licensed under
Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed
under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a
physical location that will not be the primary residence of the license holder
for the entire period of licensure.If a
license is issued during this moratorium, and the license holder changes the
license holder's primary residence away from the physical location of the
foster care license, the commissioner shall revoke the license according to
section 245A.07.The commissioner shall
not issue an initial license for a community residential setting licensed under
chapter 245D.When approving an
exception under this paragraph, the commissioner shall consider the resource
need determination process in paragraph (h), the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate,
the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board.The determination by the commissioner is
final and not subject to appeal.Exceptions
to the moratorium include:

(1) foster care settings that are required
to be registered under chapter 144D;

(2) foster care licenses replacing foster
care licenses in existence on May 15, 2009, or community residential setting
licenses replacing adult foster care licenses in existence on December 31,
2013, and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses or community
residential setting licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/DD, or regional
treatment center; restructuring of state-operated services that limits the
capacity of state-operated facilities; or allowing movement to the community
for people who no longer require the level of care provided in state-operated
facilities as provided under section 256B.092, subdivision 13, or 256B.49, subdivision
24;

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7483

(4)
new foster care licenses or community residential setting licenses determined
to be needed by the commissioner under paragraph (b) for persons requiring
hospital level care;

(5) new foster care licenses or community
residential setting licenses determined to be needed by the commissioner for
the transition of people from personal care assistance to the home and
community-based services;

(6) new foster care licenses or community
residential setting licenses determined to be needed by the commissioner for
the transition of people from the residential care waiver services to foster
care services.This exception applies
only when:

(i) the person's case manager provided the
person with information about the choice of service, service provider, and
location of service to help the person make an informed choice; and

(ii) the person's foster care services are
less than or equal to the cost of the person's services delivered in the
residential care waiver service setting as determined by the lead agency; or

(7) new foster care licenses or community
residential setting licenses for people receiving services under chapter 245D
and residing in an unlicensed setting before May 1, 2017, and for which a
license is required.This exception does
not apply to people living in their own home.For purposes of this clause, there is a presumption that a foster care
or community residential setting license is required for services provided to
three or more people in a dwelling unit when the setting is controlled by the
provider.A license holder subject to
this exception may rebut the presumption that a license is required by seeking
a reconsideration of the commissioner's determination.The commissioner's disposition of a request
for reconsideration is final and not subject to appeal under chapter 14.The exception is available until June 30, 20182019.This exception is available
when:

(i) the person's case manager provided the
person with information about the choice of service, service provider, and
location of service, including in the person's home, to help the person make an
informed choice; and

(ii) the person's services provided in the
licensed foster care or community residential setting are less than or equal to
the cost of the person's services delivered in the unlicensed setting as
determined by the lead agency.; or

(8) a vacancy in a setting granted an
exception under clause (7), may receive an exception created by a person
receiving services under chapter 245D and residing in the unlicensed setting
between January 1, 2017, and May 1, 2017, for which a vacancy occurs between
January 1, 2017, and the date of the exception request.This exception is available when the lead
agency provides documentation to the commissioner on the eligibility criteria
being met.This exception is available
until June 30, 2019.

(b) The commissioner shall determine the
need for newly licensed foster care homes or community residential settings as
defined under this subdivision.As part
of the determination, the commissioner shall consider the availability of
foster care capacity in the area in which the licensee seeks to operate, and
the recommendation of the local county board.The determination by the commissioner must be final.A determination of need is not required for a
change in ownership at the same address.

(c) When an adult resident served by the
program moves out of a foster home that is not the primary residence of the
license holder according to section 256B.49, subdivision 15, paragraph (f), or
the adult community residential setting, the county shall immediately inform the
Department of Human Services Licensing Division.The department may decrease the statewide
licensed capacity for adult foster care settings.

(d) Residential settings that would
otherwise be subject to the decreased license capacity established in paragraph
(c) shall be exempt if the license holder's beds are occupied by residents
whose primary diagnosis is mental illness and the license holder is certified
under the requirements in subdivision 6a or section 245D.33.

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7484

(e)
A resource need determination process, managed at the state level, using the
available reports required by section 144A.351, and other data and information
shall be used to determine where the reduced capacity determined under section
256B.493 will be implemented.The
commissioner shall consult with the stakeholders described in section 144A.351,
and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster
care or community residential settings, long-term service needs within
budgetary limits, including seeking proposals from service providers or lead
agencies to change service type, capacity, or location to improve services,
increase the independence of residents, and better meet needs identified by the
long-term services and supports reports and statewide data and information.

(f) At the time of application and
reapplication for licensure, the applicant and the license holder that are
subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the
foster care will be provided is or will be the primary residence of the license
holder for the entire period of licensure.If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately.The commissioner shall print on the foster
care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes
identified under paragraph (f) that are not the primary residence of the
license holder and that also provide services in the foster care home that are
covered by a federally approved home and community-based services waiver, as
authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human
services licensing division that the license holder provides or intends to
provide these waiver-funded services.

(h) The commissioner may adjust capacity to
address needs identified in section 144A.351.Under this authority, the commissioner may approve new licensed settings
or delicense existing settings.Delicensing
of settings will be accomplished through a process identified in section
256B.493.Annually, by August 1, the
commissioner shall provide information and data on capacity of licensed
long-term services and supports, actions taken under the subdivision to manage
statewide long-term services and supports resources, and any recommendations
for change to the legislative committees with jurisdiction over the health and
human services budget.

(i) The commissioner must notify a license
holder when its corporate foster care or community residential setting licensed
beds are reduced under this section.The
notice of reduction of licensed beds must be in writing and delivered to the
license holder by certified mail or personal service.The notice must state why the licensed beds
are reduced and must inform the license holder of its right to request
reconsideration by the commissioner.The
license holder's request for reconsideration must be in writing.If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within 20 calendar days after
the license holder's receipt of the notice of reduction of licensed beds.If a request for reconsideration is made by
personal service, it must be received by the commissioner within 20 calendar
days after the license holder's receipt of the notice of reduction of licensed
beds.

(j) The commissioner shall not issue an
initial license for children's residential treatment services licensed under
Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter for a program
that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases.Facilities that
serve only private pay clients are exempt from the moratorium described in this
paragraph.The commissioner has the
authority to manage existing statewide capacity for children's residential
treatment services subject to the moratorium under this paragraph and may issue
an initial license for such facilities if the initial license would not
increase the statewide capacity for children's residential treatment services
subject to the moratorium under this paragraph."

Subdivision 1.Applicability.(a) The commissioner shall regulate the
provision of home and community-based services to persons with disabilities and
persons age 65 and older pursuant to this chapter.The licensing standards in this chapter
govern the provision of basic support services and intensive support services.

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(b)
Basic support services provide the level of assistance, supervision, and care
that is necessary to ensure the health and welfare of the person and do not
include services that are specifically directed toward the training, treatment,
habilitation, or rehabilitation of the person.Basic support services include:

(1) in-home and out-of-home respite care
services as defined in section 245A.02, subdivision 15, and under the brain
injury, community alternative care, community access for disability inclusion, developmental
disability, and elderly waiver plans, excluding out-of-home respite care
provided to children in a family child foster care home licensed under
Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care
license holder complies with the requirements under section 245D.06,
subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or
successor provisions, which must be stipulated in the statement of intended use
required under Minnesota Rules, part 2960.3000, subpart 4;

(2) adult companion services as defined
under the brain injury, community access for disability inclusion, community
alternative care, and elderly waiver plans, excluding adult companion
services provided under the Corporation for National and Community Services
Senior Companion Program established under the Domestic Volunteer Service Act
of 1973, Public Law 98-288;

(3) personal support as defined under the
developmental disability waiver plan;

(5) night supervision services as defined
under the brain injury, community access for disability inclusion, community
alternative care, and developmental disability waiver planplans;

(6) homemaker services as defined under
the community access for disability inclusion, brain injury, community
alternative care, developmental disability, and elderly waiver plans, excluding
providers licensed by the Department of Health under chapter 144A and those
providers providing cleaning services only; and

(7) individual community living support
under section 256B.0915, subdivision 3j.

(c) Intensive support services provide
assistance, supervision, and care that is necessary to ensure the health and
welfare of the person and services specifically directed toward the training,
habilitation, or rehabilitation of the person.Intensive support services include:

(1) intervention services, including:

(i) behavioralpositive
support services as defined under the brain injury and, community
access for disability inclusion, community alternative care, and
developmental disability waiver plans;

(ii) in-home or out-of-home crisis respite
services as defined under the brain injury, community access for disability
inclusion, community alternative care, and developmental disability waiver planplans; and

(iii) specialist services as defined under
the current brain injury, community access for disability inclusion, community
alternative care, and developmental disability waiver planplans;

(2) in-home support services, including:

(i)
in-home family support and supported living services as defined under the
developmental disability waiver plan;

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(ii)
independent living services training as defined under the brain injury and
community access for disability inclusion waiver plans;

(iii) semi-independent living services;
and

(iv) individualized home supports services
as defined under the brain injury, community alternative care, and community
access for disability inclusion waiver plans;

(3) residential supports and services,
including:

(i) supported living services as defined
under the developmental disability waiver plan provided in a family or
corporate child foster care residence, a family adult foster care residence, a
community residential setting, or a supervised living facility;

(ii) foster care services as defined in
the brain injury, community alternative care, and community access for
disability inclusion waiver plans provided in a family or corporate child
foster care residence, a family adult foster care residence, or a community
residential setting; and

(iii) residential services provided to
more than four persons with developmental disabilities in a supervised living
facility, including ICFs/DD;

(4) day services, including:

(i) structured day services as defined
under the brain injury waiver plan;

(ii) day training and habilitation
services under sections 252.41 to 252.46, and as defined under the
developmental disability waiver plan; and

(iii) prevocational services as defined
under the brain injury and community access for disability inclusion waiver
plans; and

(5) employment exploration services as
defined under the brain injury, community alternative care, community access
for disability inclusion, and developmental disability waiver plans;

(6) employment development services as
defined under the brain injury, community alternative care, community access
for disability inclusion, and developmental disability waiver plans; and

(7) employment support services as defined
under the brain injury, community alternative care, community access for
disability inclusion, and developmental disability waiver plans."

Subd. 2.BehaviorPositive support professional qualifications.A behaviorpositive support
professional providing behavioralpositive
support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas
as required under the brain injury and, community access for
disability inclusion, community alternative care, and developmental disability
waiver plans or successor plans:

(1) ethical considerations;

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(i) psychologist licensed under sections
148.88 to 148.98, who has stated to the Board of Psychology competencies in the
above identified areas;

(ii) clinical social worker licensed as an
independent clinical social worker under chapter 148D, or a person with a
master's degree in social work from an accredited college or university, with
at least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the areas identified in clauses (1) to (11);

(iii) physician licensed under chapter 147
and certified by the American Board of Psychiatry and Neurology or eligible for
board certification in psychiatry with competencies in the areas identified in
clauses (1) to (11);

(iv)
licensed professional clinical counselor licensed under sections 148B.29 to
148B.39 with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services who has demonstrated competencies in the
areas identified in clauses (1) to (11);

(v) person with a master's degree from an
accredited college or university in one of the behavioral sciences or related
fields, with at least 4,000 hours of post-master's supervised experience in the
delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11); or

(vi) person with a master's degree or
PhD in one of the behavioral sciences or related field with demonstrated
expertise in positive support services, as determined by the person's case
manager based on the person's needs as outlined
in the person's community support plan from a supervisor who meets the
qualifications in this subdivision; or

(vii) registered nurse who is
licensed under sections 148.171 to 148.285, and who is certified as a clinical
specialist or as a nurse practitioner in adult or family psychiatric and mental
health nursing by a national nurse certification organization, or who has a
master's degree in nursing or one of the behavioral sciences or related fields
from an accredited college or university or its equivalent, with at least 4,000
hours of post-master's supervised experience in the delivery of clinical
services."

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Subd. 3.BehaviorPositive support analyst qualifications.(a) A behaviorpositive support analyst providing behavioralpositive support services as identified in section 245D.03, subdivision
1, paragraph (c), clause (1), item (i), must have competencies in the
following areas as required under the brain injury and, community
access for disability inclusion, community alternative care, and
developmental disability waiver plans or successor plans:

(1) have obtained a baccalaureate degree,
master's degree, or PhD in a social services discipline; or

(2) meet the qualifications of a mental
health practitioner as defined in section 245.462, subdivision 17.;
or

(1) have four years of supervised
experience working with individuals who exhibit challenging behaviors as
well as co-occurring mental disorders or neurocognitive disorderconducting
functional behavior assessments and designing, implementing, and evaluating
effectiveness of positive practices behavior support strategies for people who
exhibit challenging behaviors as well as co-occurring mental disorders and
neurocognitive disorder;

(2) have received ten hours of
instruction in functional assessment and functional analysis;training
prior to hire or within 90 calendar days of hire that includes:

(v) eight hours of instruction on
principles of person-centered thinking;

(3) have received 20 hours of instruction
in the understanding of the function of behavior;

(4) have received ten hours of
instruction on design of positive practices behavior support strategies;

(5) have received 20 hours of
instruction on the use of behavior reduction approved strategies used only in
combination with behavior positive practices strategies;

(6)(3) be determined by a behaviorpositive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior
reduction approved and permitted intervention to the person who receives behavioralpositive support; and

(7)(4) be under the direct
supervision of a behaviorpositive support professional.

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7489

(c)
Meeting the qualifications for a positive support professional under
subdivision 2 shall substitute for meeting the qualifications listed in
paragraph (b)."

Subd. 4.BehaviorPositive support specialist qualifications.(a) A behaviorpositive support
specialist providing behavioralpositive
support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas
as required under the brain injury and, community access for
disability inclusion, community alternative care, and developmental
disability waiver plans or successor plans:

(1) have an associate's degree in a social
services discipline; or

(2) have two years of supervised
experience working with individuals who exhibit challenging behaviors as well
as co-occurring mental disorders or neurocognitive disorder.

(b) In addition, a behavior specialist
must:

(1) have received training prior to
hire or within 90 calendar days of hire that includes:

(i) a minimum of four hours of
training in functional assessment;

(2) have received(ii) 20
hours of instruction in the understanding of the function of behavior;

(3) have received(iii) ten
hours of instruction on design of positive practices behavioral support
strategies; and

(iv) eight hours of instruction on
principles of person-centered thinking;

(4)(2) be determined by a behaviorpositive support professional to have the training and prerequisite
skills required to provide positive practices strategies as well as behavior
reduction approved intervention to the person who receives behavioralpositive
support; and

(5)(3) be under the direct
supervision of a behaviorpositive support professional.

(c) Meeting the qualifications for a
positive support professional under subdivision 2 shall substitute for meeting
the qualifications listed in paragraphs (a) and (b).

Subd. 3.Applicable
services.Applicable services are
those authorized under the state's home and community‑based services
waivers under sections 256B.092 and 256B.49, including the following, as
defined in the federally approved home and community-based services plan:

(1) 24-hour customized living;

(2) adult day care;

(3) adult day care bath;

(4) behavioral programming;

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(5)
(4) companion services;

(6)(5) customized living;

(7)(6) day training and
habilitation;

(7) employment development services;

(8) employment exploration services;

(9) employment support services;

(8)(10) housing access coordination;

(9)(11) independent living
skills;

(12) independent living skills
specialist services;

(13) individualized home supports;

(10)(14) in-home family
support;

(11)(15) night supervision;

(12)(16) personal support;

(17) positive support service;

(13)(18) prevocational
services;

(14)(19) residential care
services;

(15)(20) residential
support services;

(16)(21) respite services;

(17)(22) structured day
services;

(18)(23) supported
employment services;

(19)(24) supported living
services;

(20)(25) transportation
services;

(21) individualized home supports;

(22) independent living skills
specialist services;

(23) employment exploration services;

(24) employment development services;

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(25)
employment support services; and

(26) other services as
approved by the federal government in the state home and community-based
services plan."

(a) The commissioner of human services
shall update references to statutes recodified in this act when printed
material is replaced and new printed material is obtained in the normal course
of business.The commissioner is not
required to replace existing printed material to comply with this act.

(b) The commissioner of human services
shall update references to statutes recodified in this act when online
documents and Web sites are edited in the normal course of business.The commissioner is not required to edit
online documents and Web sites merely to comply with this act.

(c) The commissioner of human services
shall update references to statutes recodified in this act when the home and
community-based service waiver plans are updated in the normal course of
business.The commissioner is not
required to update the home and community-based service waiver plans merely to
comply with this act."

Renumber the sections in sequence

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Anderson, S.,
from the Committee on State Government Finance to which was referred:

H. F. No. 3066, A bill for
an act relating to capital investment; appropriating money for the Grand Rapids
Armory; authorizing the sale and issuance of state bonds.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Capital
Investment without further recommendation.

The
report was adopted.

Anderson, S.,
from the Committee on State Government Finance to which was referred:

H. F. No. 3067, A bill for
an act relating to capital investment; appropriating money for improvements to
the Fergus Falls armory; authorizing the sale and issuance of state bonds.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Capital
Investment without further recommendation.

The
report was adopted.

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7493

Schomacker
from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 3132, A bill for
an act relating to human services; requiring an audit to identify third-party
liability related to Minnesota health care programs; allowing the commissioner
of human services to contract with a vendor for third-party recovery.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Civil Law and
Data Practices Policy.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

H. F. No. 3133, A bill for
an act relating to human services; establishing a grant program to provide
stable housing and support services for youth; requiring a report;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 256K.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

The commissioner of human services shall
conduct a comprehensive analysis of Minnesota's continuum of intensive mental
health services and shall develop recommendations for a sustainable and
community-driven continuum of care for children with serious mental health
needs, including children currently being served in residential treatment.The commissioner's analysis shall include,
but not be limited to:

(1) data related to access, utilization,
efficacy, and outcomes for Minnesota's current system of residential mental
health treatment for a child with a severe emotional disturbance;

(3) the capacity need for PRTF and other
group settings within the state if adequate community-based alternatives are
accessible, equitable, and effective statewide;

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(4)
recommendations for expanding alternative community-based service models to
meet the needs of a child with a serious mental health disorder who would
otherwise require residential treatment and potential service models that could
be utilized, including data related to access, utilization, efficacy, and
outcomes;

(5) models of care used in other states;
and

(6) analysis and specific recommendations
for the design and implementation of new service models, including analysis to
inform rate setting as necessary.

The analysis shall be supported and
informed by extensive stakeholder engagement.Stakeholders include individuals who receive services, family members of
individuals who receive services, providers, counties, health plans, advocates,
and others.Stakeholder engagement shall
include interviews with key stakeholders, intentional outreach to individuals
who receive services and the individual's family members, and regional
listening sessions.

The commissioner shall provide a report
with specific recommendations and timelines for implementation to the
legislative committees with jurisdiction over children's mental health policy
and finance by November 15, 2018June 30, 2019."

With the recommendation that when so
amended the bill be re-referred to the Committee on Health and Human Services
Finance.

The
report was adopted.

Anderson, S.,
from the Committee on State Government Finance to which was referred:

H. F. No. 3160, A bill for
an act relating to capital investment; appropriating money for the St. Cloud
Armory; authorizing the sale and issuance of state bonds.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Capital
Investment without further recommendation.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

H. F. No. 3195, A bill for
an act relating to health occupations; requiring the Council of Health Boards
to study and make recommendations on increasing access to clinical experiences
through the use of technology.

Reported the same back with the following
amendments:

Delete everything after the enacting
clause and insert:

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7495

"Section
1.COUNCIL
OF HEALTH BOARDS WORK GROUP.

(a) The Council of Health Boards shall
convene a work group to study and make recommendations on:

(1) increasing the use of telehealth
technologies including, but not limited to, high-fidelity simulation and
teleconferencing to complete portions of the clinical experiences required as
part of postsecondary educational programs that relate to counseling.Clinical experiences may include supervised
practicum and internship hours.The
study shall include the parameters in which the proposed technology may be
utilized in order to ensure that students are integrating classroom theory in a
lifelike clinical setting without compromising clinical competency outcomes;

(2) increasing access to telehealth
technologies for use in supervision of persons completing postdegree supervised
practice work experience and training required for licensure.The study shall include the parameters in
which the proposed technology may be utilized for supervision to ensure the
quality and competence of the activities supervised; and

(3) increasing client access to mental
health services through use of telehealth technologies.

(b) The work group must consist of
representatives of:

(1) the Boards of Psychology, Social
Work, Marriage and Family Therapy, and Behavioral Health and Therapy;

(2) postsecondary educational
institutions that have accredited educational programs for social work,
psychology, alcohol and drug counseling, marriage and family therapy, and
professional counseling; and

(3) the relevant professional
counseling associations, including the Minnesota Counseling Association;
Minnesota Psychology Association; National Association of Social Workers,
Minnesota chapter; Minnesota Association for Marriage and Family Therapy; and
the Minnesota Association of Resources for Recovery and Chemical Health.

(c) By February 1, 2019, the council
shall submit recommendations for using telehealth technologies to the chairs
and ranking minority members of the legislative committees with jurisdiction
over health occupations and higher education, and shall include a plan for
implementing the recommendations and any legislative changes necessary for
implementation.

Sec. 2.APPROPRIATION.

$25,000 in fiscal year 2019 is
appropriated from the state government special revenue fund to the
health-related licensing boards administrative services unit for the Council of
Health Boards Work Group."

Amend the title as follows:

Page 1, line 4, before the period, insert
"; appropriating money"

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7496

O'Driscoll
from the Committee on Government Operations and Elections Policy to which was
referred:

Subd. 3.Postelection
sampling.(a) Within ten days after
an election, the county auditor shall send the notice required by subdivision 2
to a random sampling of the individuals registered on election day.The random sampling shall be determined in
accordance with the rules of the secretary of state.As soon as practicable after the election,
the county auditor shall mail the notice required by subdivision 2 to all other
individuals registered on election day.If
a notice is returned as not deliverable, the county auditor shall attempt to
determine the reason for the return.A
county auditor who does not receive or obtain satisfactory proof of an
individual's eligibility to vote shall immediately notify the county attorney
of all of the relevant information.TheBy February 15 of each odd‑numbered year, the county auditor must
notify the secretary of state of the following information for the previous
state general election by each precinct:

(1) the total number of all notices that
were returned as nondeliverable;

(2) the total number of nondeliverable
notices that the county auditor was able to determine the reason for the return
along with the reason for each return; and

(3) the total number of individuals for
whom the county auditor does not receive or obtain satisfactory proof of an
individual's eligibility to vote.

(b) By March 1 of every odd-numbered year,
the secretary of state shall report to the chair and ranking minority members
of the legislative committees with jurisdiction over elections the following
information for the previous state general election by each precinct and
each county:

(1) the total number of all notices that
were returned as nondeliverable;

(2) the total number of nondeliverable
notices that a county auditor was able to determine the reason for the return
along with the reason for each return; and

(3) the total number of individuals for
whom the county auditor does not receive or obtain satisfactory proof of an
individual's eligibility to vote.

(1) be able to be loaded with a data file
that includes voter registration data in a file format prescribed by the
secretary of state;

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(2)
allow for data to be exported in a file format prescribed by the secretary of
state;

(3) allow for data to be entered manually
or by scanning a Minnesota driver's license or identification card to locate a
voter record or populate a voter registration application that would be printed
and signed and dated by the voter.The
printed registration application can be either a printed form, labels printed
with voter information to be affixed to a preprinted form, or a
combination of both, or an electronic record that the voter signs
electronically and is printed following its completion at the polling place;

(4)
allow an election judge to update data that was populated from a scanned
driver's license or identification card;

(5) cue an election judge to ask for and
input data that is not populated from a scanned driver's license or
identification card that is otherwise required to be collected from the voter
or an election judge;

(6) immediately alert the election judge if
the voter has provided information that indicates that the voter is not
eligible to vote;

(7) immediately alert the election judge if
the electronic roster indicates that a voter has already voted in that
precinct, the voter's registration status is challenged, or it appears the
voter resides in a different precinct;

(8) provide immediate instructions on how
to resolve a particular type of challenge when a voter's record is challenged;

(9) provide for a printed voter signature
certificate, containing the voter's name, address of residence, date of birth,
voter identification number, the oath required by section 204C.10, and a space
for the voter's original signature.The
printed voter signature certificate can be either a printed form or a label
printed with the voter's information to be affixed to the oath, or an
electronic record that the voter signs electronically and is printed following
its completion at the polling place;

(10) contain only preregistered voters
within the precinct, and not contain preregistered voter data on voters
registered outside of the precinct;

(11) be only networked within the polling
location on election day, except for the purpose of updating absentee ballot
records;

(12) meet minimum security, reliability,
and networking standards established by the Office of the Secretary of State in
consultation with the Office of MN.IT Services;

(13) be capable of providing a voter's
correct polling place; and

(14) perform any other functions necessary
for the efficient and secure administration of the participating election, as
determined by the secretary of state.

Electronic rosters used only for election day registration do
not need to comply with clauses (1), (8), and (10).Electronic rosters used only for
preregistered voter processing do not need to comply with clauses (4) and (5).

Subdivision 1.Location;
timing.An eligible voter may vote
by absentee ballot in the office of the county auditor and at any other polling
place designated by the county auditor during the 46 days before the election,
except as provided in this section.The
county auditor shall make such polling place designations at least 14 weeks
before the election.Voters casting
absentee ballots in person for a town election held in March may do so during
the 30 days before the election.

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Subd. 2.Town
electionsVoting booth; electronic ballot marker.Voters casting absentee ballots in
person for a town election held in March may do so during the 30 days before
the election.The county auditor shall
make such designations at least 14 weeks before the election.For purposes of this section, the county
auditor must make available in each polling place (1) at least one voting
booth in each polling place must be made available by the county auditor for
this purpose.The county auditor must
also make available, and (2) at least one electronic ballot marker in
each polling place that has implemented a voting system that is accessible
for individuals with disabilities pursuant to section 206.57, subdivision 5.

Subd. 4.Opening
of envelopes.After the close of
business on the seventh day before the election, the ballots from return
envelopes marked "Accepted" may be opened, duplicated as needed in
the manner provided in section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box.If more than one voted ballot is
enclosed in the ballot envelope, the ballots must be returned in the manner
provided by section 204C.25 for return of spoiled ballots, and may not be
counted.

Subd. 3.Write-in
candidates.(a) A candidate for
county, state, or federal office who wants write-in votes for the candidate to
be counted must file a written request with the filing office for the office
sought not more than 84 days before the primary and no later than the
seventh day before the general election.The filing officer shall provide copies of the form to make the request.NoThe filing officer shall not
accept a written request shall be accepted later than 5:00 p.m. on
the last day for filing a written request.

(b) The governing body of a statutory
or home rule charter city may require by resolution that a candidate for local
elective office file a written request with the chief election official at
least seven days before the city election if the candidate wishes to have the
candidate's write-in votes individually recorded; or a governing body of a
statutory or home rule charter city may require by resolution that write-in
votes for an individual candidate only be individually recorded if the total
number of write-in votes for that office is equal to or greater than the fewest
number of non-write-in votes for a ballot candidate.The governing body of the statutory or home
rule charter city must adopt a resolution authorized by this paragraph before
the first day of filing for office.A
resolution adopted under this paragraph remains in effect until a subsequent
resolution on the same subject is adopted by the governing body of the
statutory or home rule charter city.

(b)(c) A candidate for
president of the United States who files a request under this subdivision must
include the name of a candidate for vice president of the United States.The request must also include the name of at
least one candidate for presidential elector.The total number of names of candidates for presidential elector on the
request may not exceed the total number of electoral votes to be cast by
Minnesota in the presidential election.

(c)(d) A candidate for
governor who files a request under this subdivision must include the name of a
candidate for lieutenant governor.

Subdivision 1.Authority;
location.(a) By December 31
of each year, the governing body of each municipality and of each county with
precincts in unorganized territory must designate by ordinance or resolution a
polling place for each election precinct.The polling places designated in the ordinance or resolution are the
polling places for the following calendar year, unless a change is made:any
changes to a polling place location.A
polling place must be maintained for the following calendar year unless
changed:

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(1)
by ordinance or resolution by December 31 of the previous year;

(1)(2) pursuant to section
204B.175;

(2)(3) because a polling
place has become unavailable; or

(3)(4) because a township
designates one location for all state, county, and federal elections and
one location for all township only elections.

(b) Polling places must be designated
and ballots must be distributed so that no one is required to go to more than
one polling place to vote in a school district and municipal election held on
the same day.The polling place for a
precinct in a city or in a school district located in whole or in part in the
metropolitan area defined by section 200.02, subdivision 24, shall be
located within the boundaries of the precinct or within one mile of one of
those boundaries unless a single polling place is designated for a city
pursuant to section 204B.14, subdivision 2, or a school district pursuant to
section 205A.11.The polling place for a
precinct in unorganized territory may be located outside the precinct at a
place which is convenient to the voters of the precinct.If no suitable place is available within a
town or within a school district located outside the metropolitan area defined
by section 200.02, subdivision 24, then the polling place for a town or school
district may be located outside the town or school district within five miles
of one of the boundaries of the town or school district.

Subd. 6.Electronic
voting systems.Notwithstanding
sections 204B.35 to 204B.44 and chapter 204D, a jurisdiction may prepare blank
paper ballots, if the jurisdiction employs an electronic voting system and the
required information is instead displayed on a touch screen or other electronic
device in a format that substantially meets the requirements of law.

Sec. 9.Minnesota Statutes 2016, section 204B.46, is
amended to read:

204B.46
MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district
submitting questions to the voters at a special election may conduct an
election by mail with no polling place other than the office of the auditor or
clerk.No offices may be voted on at a
mail election., except in overlapping school and municipality
jurisdictions, where a mail election may include an office when one of the
jurisdictions also has a question on the ballot.Notice of the election must be given to the
county auditor at least 74 days prior to the election.This notice shall also fulfill the
requirements of Minnesota Rules, part 8210.3000.The special mail ballot procedures must be
posted at least six weeks prior to the election.Not more than 46 nor later than 14 days prior
to the election, the auditor or clerk shall mail ballots by nonforwardable mail
to all voters registered in the county, municipality, or school district.No later than 14 days before the election,
the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before
the election.Eligible voters not
registered at the time the ballots are mailed may apply for ballots pursuant to
chapter 203B.The auditor or clerk must
appoint a ballot board to examine the mail and absentee ballot return envelopes
and mark them "Accepted" or "Rejected" within three days of
receipt if there are 14 or fewer days before election day, or within five days
of receipt if there are more than 14 days before election day.The board may consist of deputy county
auditors, deputy municipal clerks, or deputy school district clerks who have
received training in the processing and counting of mail ballots, who need not
be affiliated with a major political party.Election judges performing the duties in this section must be of
different major political parties, unless they are exempt from that requirement
under section 205.075, subdivision 4, or section 205A.10.If an envelope has been rejected at least
five days before the election, the ballots in the envelope must remain sealed
and the auditor or clerk must provide the voter with a replacement ballot and
return envelope in place of the spoiled ballot.If the ballot is rejected within five days of the election, the envelope
must remain sealed and the official in charge of the ballot board must attempt
to contact the voter by telephone or e­mail to notify the voter that the
voter's ballot has been rejected.The
official must document the attempts made to contact the voter.

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If
the ballot is accepted, the county auditor or municipal clerk must mark the
roster to indicate that the voter has already cast a ballot in that election.After the close of business on the seventh
day before the election, the ballots from return envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided
by section 206.86, subdivision 5, initialed by the ballot board, and deposited
in the appropriate ballot box.

In all other respects, the provisions of
the Minnesota Election Law governing deposit and counting of ballots apply.

The mail and absentee ballots for a
precinct must be counted together and reported as one vote total.No vote totals from ballots may be made
public before the close of voting on election day.

Subdivision 1.Method.The election judges shall take all the
ballots of the same kind and count the votes cast for each office or question,
beginning with the first office or question on the ballot.They shall make one pile of the ballots for
each candidate who received votes for that office, or one pile for the
"Yes" votes and one pile for the "No" votes on a question.They shall make a pile of totally defective
ballots and a pile of totally blank ballots.They shall make a pile of ballots that are not totally defective but are
defective with respect to the office or question being counted and a pile of
ballots that are not totally blank but are blank with respect to the office or
question being counted.After the
separation into piles, the election judges shall examine each pile and remove
and place in the proper pile any ballots that are found in the wrong pile.The election judges shall count the totally
blank and totally defective ballots and set them aside until the counting is
over for that ballot.In conducting
the count of blank ballots, election judges may presume that the total count
provided for prepackaged ballots is correct.The election judges may pile ballots
crosswise in groups of 25 in the same pile to facilitate counting.When their counts agree, the election judges
shall announce the number of ballots in each pile, and shall write the number
in the proper place on the summary statements.

The election judges shall then return all
the counted ballots, and all the partially defective or partially blank
ballots, to the original pile to be separated and counted in the same manner
for the next office or question.

Subdivision 1.Information
requirements.Precinct summary
statements shall be submitted by the election judges in every precinct.For all elections, the election judges shall
complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:

(1) the number of ballots delivered to the
precinct as adjusted by the actual count made by the election judges, the
number of unofficial ballots made, and the number of absentee ballots delivered
to the precinct;

(2) the number of votes each candidate
received or the number of yes and no votes on each question, the number of
undervotes, the number of overvotes, and the number of defective ballots with
respect to each office or question;

(3) the number of spoiled ballots, the
number of duplicate ballots made, the number of absentee ballots rejected, and
the number of unused ballots, presuming that the total count provided on each
package of unopened prepackaged ballots is correct;

(4) the number of voted ballots
indicating only a voter's choices as provided by section 206.80, paragraph (b),
clause (3);

(5) the number of individuals who
voted at the election in the precinct which must equal the total number of
ballots cast in the precinct, as required by sections 204C.20 and 206.86,
subdivision 1;

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(5)
(6) the number of voters registering on election day in that precinct;
and

(6)(7) the signatures of
the election judges who counted the ballots certifying that all of the ballots
cast were properly piled, checked, and counted; and that the numbers entered by
the election judges on the summary statements correctly show the number of
votes cast for each candidate and for and against each question.

At least two copies of the summary
statement must be prepared for elections not held on the same day as the state
elections.

Subdivision 1.Publicly
funded recounts.(a) Except as
provided in paragraphs (b) and (c), a losing candidate for nomination or
election to a county, municipal, or school district office may request a
recount of the votes cast for the nomination or election to that office if the
difference between the vote cast for that candidate and for a winning candidate
for nomination or election is less than one-quarter of one percent of the total
votes counted for that office.In case
of offices where two or more seats are being filled from among all the candidates
for the office, the one‑quarter of one percent difference is between the
elected candidate with the fewest votes and the candidate with the most votes
from among the candidates who were not elected.

(b) A losing candidate for nomination or
election to a county, municipal, or school district office may request a recount
of the votes cast for nomination or election to that office if the difference
between the votes cast for that candidate and for a winning candidate for
nomination or election is less than one-half of one percent, and the total
number of votes cast for the nomination or election of all candidates is more
than 400 but less than 50,000.In cases
of offices where two or more seats are being filled from among all the
candidates for the office, the one-half of one percent difference is between
the elected candidate with the fewest votes and the candidate with the most
votes from among the candidates who were not elected.

(c) A losing candidate for nomination or
election to a county, municipal, or school district office may request a
recount of the votes cast for nomination or election to that office if the
difference between the vote cast for that candidate and for a winning candidate
for nomination or election is ten votes or less, and the total number of votes
cast for the nomination or election of all candidates is no more than 400.In cases of offices where two or more seats
are being filled from among all the candidates for the office, the ten vote
difference is between the elected candidate with the fewest votes and the
candidate with the most votes from among the candidates who were not elected.

(d) Candidates for county offices shall
file a written request for the recount with the county auditor.Candidates for municipal or school district
offices shall file a written request with the municipal or school district
clerk as appropriate.All requests under
this paragraph shall be filed bybetween the close of the canvass
of a primary or special primary and 5:00 p.m. on the fifth day after the
canvass of a primary or special primary or bybetween the close of
the canvass of a special or general election and 5:00 p.m. on the seventh
day of the canvass of a special or general election for which a recount is
sought.

(e) Upon receipt of a request made
pursuant to this section, the county auditor shall recount the votes for a
county office at the expense of the county, the governing body of the
municipality shall recount the votes for a municipal office at the expense of
the municipality, and the school board of the school district shall recount the
votes for a school district office at the expense of the school district.

Subd. 3.Nomination
at special primary on other day.In
all cases other than those provided in subdivisions 1 and 2, a special primary
for the nomination of candidates shall be held on a Tuesday and not
later than the 14th day before the special election.

Subd. 5.Canvass;
special primary; state canvassing board; contest.Not later than four days after the
returns of the county canvassing boards are certified to the secretary of
state, the State Canvassing Board shall complete its canvass of the special
primary.The secretary of state shall
then promptly certify to the county auditors the names of the nominated
individuals, prepare notices of nomination, and notify each nominee of the
nomination.In case of a contest of a
special primary for state senator or state representative, the notice of contest
shall be filed within two days, excluding Sundays and legal holidays,
after the canvass is completed, and the contest shall otherwise proceed in the
manner provided by law for contesting elections.

Sec. 16.Minnesota Statutes 2016, section 206.80, is
amended to read:

206.80
ELECTRONIC VOTING SYSTEMS.

(a) An electronic voting system may not be
employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all
candidates and questions for whom or upon which the voter is legally entitled
to vote;

(3) provides for write-in voting when
authorized;

(4) automatically rejects, except as
provided in section 206.84 with respect to write-in votes, all votes for an
office or question when the number of votes cast on it exceeds the number which
the voter is entitled to cast;

(5) permits a voter at a primary election
to select secretly the party for which the voter wishes to vote;

(6) automatically rejects all votes cast in
a primary election by a voter when the voter votes for candidates of more than
one party; and

(7) provides every voter an opportunity to
verify votes recorded on the permanent paper ballot, either visually or using
assistive voting technology, and to change votes or correct any error before
the voter's ballot is cast and counted, produces an individual, discrete,
permanent, paper ballot cast by the voter, and preserves the paper ballot as an
official record available for use in any recount.

(b) An electronic voting system purchased
on or after June 4, 2005, may not be employed unless it:

(1) accepts and tabulates, in the
polling place or at a counting center, a marked optical scan ballot; orand
either:

(2)(1) creates a marked
optical scan ballot that can be tabulated in the polling place or at a counting
center by automatic tabulating equipment certified for use in this state; or

(2) creates a marked paper ballot
indicating, at a minimum, the date of the election, the name of the precinct,
an electronically readable precinct identifier or ballot style indicator, and
the voter's votes for each office or question, generated from the voter's use
of a touch screen or other electronic device on which a complete ballot meeting
the information requirements of any applicable law was displayed electronically.

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(c)
The use of multiple ballot formats of electronic voting systems in a
jurisdiction is not a violation of a voter's right to vote in secret, provided
that a record of the ballot formats of electronic voting system used by a voter
is not recorded by the election judges or any other elections official in any
form.

Subd. 5a.Ballots
in precincts with multiple styles of voting system.(a) This subdivision applies to
precincts using a ballot format as provided by section 206.80, paragraph (b),
clause (3), which was used by ten or fewer voters.

(b) In the event the results of a
precinct are subject to a recount under section 204C.35 or 204C.36, or are
subject to a postelection review under
section 206.89, a ballot format as provided in section 206.80, paragraph (b),
clause (3), that was used by ten or fewer voters in the precinct, the
election judges from that precinct are not eligible to participate in conducting
a recount or postelection review in that precinct.

Subd. 6.Ballots.In precincts using optical scan voting
systems, a single ballot card on which all ballot information is included must
be printed in black ink on white colored material except that marks not to be
read by the automatic tabulating equipment may be printed in another color ink.In state elections, a single ballot title
must be used, as provided in sections 204D.08, subdivision 6, and 204D.11,
subdivision 1.In odd-numbered years
When both municipal and school district offices or questions appear on the
ballot, the single ballot title "City (or Town) and School District
Ballot" must be used.

On the front of the ballot must be printed
the words "Official Ballot" and the date of the election and lines
for the initials of at least two election judges.

When optical scan ballots are used, the
offices to be elected must appear in the following order:federal offices; state legislative offices;
constitutional offices; proposed constitutional amendments; county offices and
questions; municipal offices and questions; school district offices and
questions; special district offices and questions; and judicial offices.

On optical scan ballots, the names of
candidates and the words "yes" and "no" for ballot
questions must be printed as close to their corresponding vote targets as
possible.

The line on an optical scan ballot for
write-in votes must contain the words "write-in, if any."

If a primary ballot contains both a
partisan ballot and a nonpartisan ballot, the instructions to voters must
include a statement that reads substantially as follows:"This ballot card contains a partisan
ballot and a nonpartisan ballot.On the
partisan ballot you are permitted to vote for candidates of one political party
only." If a primary ballot contains
political party columns on both sides of the ballot, the instructions to voters
must include a statement that reads substantially as follows:"Additional political parties are
printed on the other side of this ballot.Vote for one political party only." At the bottom of each political party column
on the primary ballot, the ballot must contain a statement that reads
substantially as follows:"Continue
voting on the nonpartisan ballot." The instructions in section 204D.08,
subdivision 4, do not apply to optical scan partisan primary ballots.Electronic ballot displays and audio ballot
readers must follow the order of offices and questions on the optical scan or
paper ballot used in the same precinct, or the sample ballot posted for that
precinct.

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Subd. 2.SampleExample ballots.No later
than 70 days before the presidential nomination primary, the secretary of state
must supply each county auditor with sampleexample ballots to be
used at the presidential nomination primary.The sampleexample ballots must illustrate the format
required for the ballots used in the presidential nomination primary.

Subdivision 1.Requirement,
fee.Every person elected at a March
election, elected at a special election, or appointed to a town office,
within ten days after receiving a certificate or notice of election or
appointment, shall take and subscribe the oath required by law.Persons elected at a November election shall
take their oath before assuming office.If
taken before the town clerk, the oath shall be administered and certified
without fee."

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Ways and Means.

The
report was adopted.

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7505

Schomacker
from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 3287, A bill for
an act relating to public safety; requiring employees of lodging facilities to
be trained to recognize sex trafficking; proposing coding for new law in
Minnesota Statutes, chapter 327.

Reported the same back with the following
amendments:

Delete everything after the enacting
clause and insert:

"Section 1.[157.177]
SEX TRAFFICKING PREVENTION TRAINING.

Subdivision 1.Definition."Sex trafficking" has the
meaning given in section 609.321, subdivision 7a.

Subd. 2.Prevention
training required.(a) Every
person operating within this state a hotel or motel shall ensure that each
employee who works on site, including but not limited to any owner, operator,
or manager, receive the training described in paragraph (c) within 90 days of
the time of hire or the effective date of this section and annually thereafter.The operators shall conduct ongoing awareness
campaigns for employees on the activities commonly associated with sex
trafficking.The operator of each hotel
or motel shall annually certify in each employee's personnel file that each
employee has received the required training.

(b) The requirements under paragraph
(a) do not apply to resorts.

(c) The commissioner shall consult with
the state hotel and lodging association on recommendations for an educational
training program that focuses on the accurate and prompt identification and
reporting of suspected sex trafficking to the proper law enforcement officials.The training program must offer guidance on
how to recognize potential victims of sex trafficking and activities commonly
associated with sex trafficking.

(d) Any cost incurred for the training
program shall be the responsibility of the licensee.

EFFECTIVE
DATE.This section is
effective August 1, 2018."

Correct the title numbers accordingly

With the recommendation that when so
amended the bill be re-referred to the Committee on Health and Human Services
Finance.

The
report was adopted.

Scott from the
Committee on Civil Law and Data Practices Policy to which was referred:

H. F. No. 3295, A bill for
an act relating to family law; allowing joint petitions for custody and
parenting time to be filed in legal separations and by unmarried parents;
amending Minnesota Statutes 2016, section 518.156.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Public Safety
and Security Policy and Finance.

The
report was adopted.

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7506

Schomacker
from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 3296, A bill for
an act relating to public safety; establishing a working group to examine
crimes against vulnerable adults; requiring a report; appropriating money.

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Government
Operations and Elections Policy.

The
report was adopted.

Schomacker from
the Committee on Health and Human Services Reform to which was referred:

Subd. 4.Correction
orders.Whenever a duly authorized
representative of the commissioner of health finds upon inspection of a nursing
home, that the facility or a controlling person or an employee of the facility
is not in compliance with sections 144.411 to 144.417, 144.651, 144.6503,
144A.01 to 144A.155, or 626.557 or the rules promulgated thereunder, a
correction order shall be issued to the facility.The correction order shall state the
deficiency, cite the specific rule or statute violated, state the suggested
method of correction, and specifyrecommend the time allowed for
correction.Upon receipt of a
correction order, a facility shall develop and submit to the commissioner a
corrective action plan based on the correction order.The corrective action plan must specify the
steps the facility will take to correct the violation and to prevent such
violations in the future, how the facility will monitor its compliance with the
corrective action plan, and when the facility plans to complete the steps in
the corrective action plan.The
commissioner is presumed to accept a corrective action plan unless the
commissioner notifies the submitting facility that the plan is not accepted
within 15 calendar days after the plan is submitted to the commissioner.The commissioner shall monitor the facility's
compliance with the corrective action plan.If the commissioner finds that the nursing home had uncorrected or
repeated violations which create a risk to resident care, safety, or rights,
the commissioner shall notify the commissioner of human services."

Subd. 8.Correction
orders.(a) A correction order may
be issued whenever the commissioner finds upon survey or during a complaint
investigation that a home care provider, a managerial official, or an employee
of the provider is not in compliance with sections 144A.43 to 144A.482.The correction order shall cite the specific
statute and document areas of noncompliance and the time allowed for
correction.

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(b)
The commissioner shall mail copies of any correction order to the last known
address of the home care provider, or electronically scan the correction order
and e­mail it to the last known home care provider e­mail address, within 30
calendar days after the survey exit date.A copy of each correction order and copies of any documentation supplied
to the commissioner shall be kept on file by the home care provider, and public
documents shall be made available for viewing by any person upon request.Copies may be kept electronically.

(c) By the correction order date, the home
care provider must document in the provider's records any action taken to
comply with the correction order.The
commissioner may request a copy of this documentation and the home care
provider's action to respond to the correction order in future surveys, upon a
complaint investigation, and as otherwise neededdevelop and submit to
the commissioner a corrective action plan based on the correction order.The corrective action plan must specify the
steps the provider will take to comply with the correction order and how to
prevent noncompliance in the future, how the provider will monitor its
compliance with the corrective action plan, and when the provider plans to
complete the steps in the corrective action plan.The commissioner is presumed to accept a
corrective action plan unless the commissioner notifies the submitting home
care provider that the plan is not accepted within 15 calendar days after the
plan is submitted to the commissioner.The
commissioner shall monitor the provider's compliance with the corrective action
plan.

(a) Promulgate by rule, pursuant to
chapter 14, and within the limits set forth in subdivision 2, the methods by
which complaints against health facilities, health care providers, home care
providers, or residential care homes, or administrative agencies are to be
made, reviewed, investigated, and acted upon; provided, however, that a fee may
not be charged for filing a complaint.

(b) Recommend legislation and changes in
rules to the state commissioner of health, governor, administrative agencies or
the federal government.

(c) Investigate, upon a complaint or upon
initiative of the director, any action or failure to act by a health care
provider, home care provider, residential care home, or a health facility.

(d) Request and receive access to relevant
information, records, incident reports, or documents in the possession of an
administrative agency, a health care provider, a home care provider, a
residential care home, or a health facility, and issue investigative subpoenas
to individuals and facilities for oral information and written information,
including privileged information which the director deems necessary for the
discharge of responsibilities.For
purposes of investigation and securing information to determine violations, the
director need not present a release, waiver, or consent of an individual.The identities of patients or residents must
be kept private as defined by section 13.02, subdivision 12.

(e) Enter and inspect, at any time, a
health facility or residential care home and be permitted to interview staff;
provided that the director shall not unduly interfere with or disturb the
provision of care and services within the facility or home or the activities of
a patient or resident unless the patient or resident consents.

(f) Issue correction orders and assess
civil fines for all licensing violations or maltreatment determinations,
including licensing violations or maltreatment determinations identified in the
appeals or review process following final disposition of a maltreatment report
or issuance of a citation for a licensing violation.Correction orders shall be issued and civil
penalties shall be assessed pursuant to section 144.653 or any other law
which provides for the issuance of correction orders to health facilities or
home care provider, or under section 144A.45.A facility's or home's refusal to cooperate in providing lawfully
requested information may also be grounds for a correction order.

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(g)
Recommend the certification or decertification of health facilities pursuant to
Title XVIII or XIX of the United States Social Security Act.

(h) Assist patients or residents of health
facilities or residential care homes in the enforcement of their rights under
Minnesota law.

(i) Work with administrative agencies,
health facilities, home care providers, residential care homes, and health care
providers and organizations representing consumers on programs designed to
provide information about health facilities to the public and to health
facility residents."

Subd. 6.Training
and operations panel.(a) The
director shall establish a training and operations panel within the Office of
Health Facility Complaints to examine and make recommendations, on an ongoing
basis, on continual improvements to the operation of the office.The training and operations panel shall be
composed of office staff, including investigators and intake and triage staff,
one or more representatives of the commissioner's office, and employees from
any other divisions in the Department of Health with relevant knowledge or
expertise.The training and operations
panel may also consult with employees from other agencies in state government
with relevant knowledge or expertise.

(b) The training and operations panel
shall examine and make recommendations to the director and the commissioner
regarding introducing or refining office systems, procedures, and staff
training in order to improve office and staff efficiency; enhance
communications between the office, health care facilities, home care providers,
and residents or clients; and provide for appropriate, effective protection for
vulnerable adults through rigorous investigations and enforcement of laws.Panel duties include but are not limited to:

(1) developing the office's training
processes to adequately prepare and support investigators in performing their
duties;

(2) developing clear, consistent internal
policies for conducting investigations as required by federal law, including
policies to ensure staff meet the deadlines in state and federal laws for
triaging, investigating, and making final dispositions of cases involving
maltreatment, and procedures for notifying the vulnerable adult, reporter, and
facility of any delays in investigations; communicating these policies to staff
in a clear, timely manner; and developing procedures to evaluate and modify
these internal policies on an ongoing basis;

(3) developing and refining quality
control measures for the intake and triage processes, through such practices as
reviewing a random sample of the triage decisions made in case reports or
auditing a random sample of the case files to ensure the proper information is
being collected, the files are being properly maintained, and consistent triage
and investigations determinations are being made;

(4) developing and maintaining systems
and procedures to accurately determine the situations in which the office has
jurisdiction over a maltreatment allegation;

(5) developing and maintaining audit
procedures for investigations, to ensure investigators obtain and document
information necessary to support decisions;

(6) developing and maintaining
procedures to, following a maltreatment determination, clearly communicate the
appeal or review rights of all parties upon final disposition;

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(7)
continuously upgrading the information on and utility of the office's Web site
through such steps as providing clear, detailed information about the appeal or
review rights of vulnerable adults, alleged perpetrators, and providers and
facilities; and

(8) publishing, in coordination with
other areas at the Department of Health and in the manner that does not
duplicate information already published by the Department of Health, the public
portions of all investigation memoranda prepared by the commissioner of health
in the past three years under section 626.557, subdivision 12b, and the public
portions of all final orders in the past three years related to licensing
violations under this chapter.These
memoranda and orders must be published in a manner that allows consumers to
search memoranda and orders by facility or provider name and by the physical
location of the facility or provider.

Subd. 5.Immunity;
protection for reporters.(a) A
person who makes a good faith report is immune from any civil or criminal
liability that might otherwise result from making the report, or from
participating in the investigation, or for failure to comply fully with the
reporting obligation under section 609.234 or 626.557, subdivision 7.

(b) A person employed by a lead
investigative agency or a state licensing agency who is conducting or
supervising an investigation or enforcing the law in compliance with this
section or any related rule or provision of law is immune from any civil or
criminal liability that might otherwise result from the person's actions, if the
person is acting in good faith and exercising due care.

(c) A person who knows or has reason to
know a report has been made to a common entry point and who in good faith
participates in an investigation of alleged maltreatment is immune from civil
or criminal liability that otherwise might result from making the report, or
from failure to comply with the reporting obligation or from participating in
the investigation.

(d) The identity of any reporter may not
be disclosed, except as provided in subdivisionsubdivisions 9c and
12b.

(e) For purposes of this subdivision,
"person" includes a natural person or any form of a business or legal
entity."

Page 7, line 6, after the period, insert
"If a vulnerable adult who is the subject of the report, or the vulnerable
adult's guardian or health care agent, so inquires, the lead investigative
agency shall disclose to the person who inquired whether the lead investigative
agency has received a report from a facility regarding maltreatment of the
vulnerable adult."

Page 15, after line 4, insert:

"Sec. 16.REPORT;
PROGRESS IN MEETING INVESTIGATION DEADLINES.

By September 15, 2018, March 15, 2019,
and September 15, 2019, the commissioner of health shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction
over health care or aging and long-term care, regarding steps taken by the
commissioner to improve compliance of the Office of Health Facility Complaints
with deadlines in state and federal law for triaging, investigating, and making
final dispositions of cases alleging maltreatment of vulnerable adults.In the reports under this section, the
commissioner must provide data on the office's compliance with deadlines in
state and federal law, and a plan to improve timeliness in any areas in which
it is noncompliant.

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Sec. 17.REPORT
AND RECOMMENDATIONS; IMMEDIATE PENALTIES FOR SERIOUS VIOLATIONS OF STATE LAW.

The commissioner of health shall
develop a proposal and draft legislation to allow the commissioner to impose immediate
penalties on long-term care facilities and providers for serious violations of
state law.The proposal and draft
legislation must determine what actions constitute a serious violation of state
law and specify appropriate penalties for each category of serious violation.The commissioner shall develop this proposal
in consultation with representatives of long-term care facilities,
representatives of home care providers, and elder justice advocates.The proposal and draft legislation must be
submitted to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care or aging and long-term care by
January 15, 2019."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the semicolon,
insert "modifying correction order provisions; establishing a training and
operations panel within the Office of Health Facility Complaints;"

Correct the title numbers accordingly

With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.

The
report was adopted.

Scott from the
Committee on Civil Law and Data Practices Policy to which was referred:

Subdivision 1.Determination
of support obligation.(a) The
guideline in this section is a rebuttable presumption and shall be used in any
judicial or administrative proceeding to establish or modify a support
obligation under this chapter.

(b) The basic child support obligation shall
be determined by referencing the guideline for the appropriate number of joint
children and the combined parental income for determining child support of the
parents.

(c) If a child is not in the custody of
either parent and a support order is sought against one or both parents, the
basic child support obligation shall be determined by referencing the guideline
for the appropriate number of joint children, and the parent's individual
parental income for determining child support, not the combined parental
incomes for determining child support of the parents.Unless a parent has court-ordered parenting
time, the parenting expense adjustment formula under section 518A.34 must not
be applied.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7511

(d)
If a child is in custody of either parent and a support order is sought by
the public authorityin an action involving only one parent under
section 256.87, unless the parent against whom the support order is sought has
court-ordered parenting time, the support obligation must be determined by
referencing the guideline for the appropriate number of joint children and the
parent's individual income without application of the parenting expense
adjustment formula under section 518A.34.

(e) For combined parental incomes for
determining child support exceeding $15,000 per month, the presumed basic child
support obligations shall be as for parents with combined parental income for
determining child support of $15,000 per month.A basic child support obligation in excess of this level may be
demonstrated for those reasons set forth in section 518A.43."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the first semicolon,
insert "modifying child support determination;"

Correct the title numbers accordingly

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Scott from the
Committee on Civil Law and Data Practices Policy to which was referred:

Subd. 4.Case
management service provider.(a)
"Case management service provider" means a case manager or case
manager associate employed by the county or other entity authorized by the
county board to provide case management services specified in section 245.4711.

(b) A case manager must:

(1) be skilled in the process of
identifying and assessing a wide range of client needs;

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7513

(2)
be knowledgeable about local community resources and how to use those resources
for the benefit of the client;

(3) have a bachelor's degree in one of the
behavioral sciences or related fields including, but not limited to, social
work, psychology, or nursing from an accredited college or university or meet
the requirements of paragraph (c); and

(4) meet the supervision and continuing
education requirements described in paragraphs (d), (e), and (f), as
applicable.

(c) Case managers without a bachelor's
degree must meet one of the requirements in clauses (1) to (3):

(1) have three or four years of experience
as a case manager associate as defined in this section;

(2) be a registered nurse without a
bachelor's degree and have a combination of specialized training in psychiatry
and work experience consisting of community interaction and involvement or
community discharge planning in a mental health setting totaling three years;
or

(3) be a person who qualified as a case
manager under the 1998 Department of Human Service waiver provision and meet
the continuing education and mentoring requirements in this section.

(d) A case manager with at least 2,000
hours of supervised experience in the delivery of services to adults with
mental illness must receive regular ongoing supervision and clinical
supervision totaling 38 hours per year of which at least one hour per month
must be clinical supervision regarding individual service delivery with a case
management supervisor.The remaining 26
hours of supervision may be provided by a case manager with two years of
experience.Group supervision may not
constitute more than one-half of the required supervision hours.Clinical supervision must be documented in
the client record.

(e) A case manager without 2,000 hours of
supervised experience in the delivery of services to adults with mental illness
must:

(1) receive clinical supervision regarding
individual service delivery from a mental health professional at least one hour
per week until the requirement of 2,000 hours of experience is met; and

(2) complete 40 hours of training approved
by the commissioner in case management skills and the characteristics and needs
of adults with serious and persistent mental illness.

(f) A case manager who is not licensed,
registered, or certified by a health-related licensing board must receive 30
hours of continuing education and training in mental illness and mental health
services every two years.

(g) A case manager associate (CMA) must:

(1) work under the direction of a case
manager or case management supervisor;

(2) be at least 21 years of age;

(3) have at least a high school diploma or
its equivalent; and

(4) meet one of the following criteria:

(i) have an associate of arts degree in
one of the behavioral sciences or human services;

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7514

(ii)
be a certified peer specialist under section 256B.0615;

(iii) be a registered nurse without a
bachelor's degree;

(iv) within the previous ten years, have
three years of life experience with serious and persistent mental illness as
defined in section 245.462, subdivision 20; or as a child had severe emotional
disturbance as defined in section 245.4871, subdivision 6; or have three years
life experience as a primary caregiver to an adult with serious and persistent
mental illness within the previous ten years;

(v) have 6,000 hours work experience as a
nondegreed state hospital technician; or

(vi) be a mental health practitioner as
defined in section 245.462, subdivision 17, clause (2)have at least
6,000 hours of supervised experience in the delivery of services to
persons with mental illness.

Individuals meeting one of the criteria in
items (i) to (v) may qualify as a case manager after four years of supervised
work experience as a case manager associate.Individuals meeting the criteria in item (vi) may qualify as a case
manager after three years of supervised experience as a case manager associate.

(h) A case management associate must meet
the following supervision, mentoring, and continuing education requirements:

(1) have 40 hours of preservice training
described under paragraph (e), clause (2);

(3) receive at least five hours of
mentoring per week from a case management mentor.

A "case management mentor" means a qualified,
practicing case manager or case management supervisor who teaches or advises
and provides intensive training and clinical supervision to one or more case
manager associates.Mentoring may occur
while providing direct services to consumers in the office or in the field and
may be provided to individuals or groups of case manager associates.At least two mentoring hours per week must be
individual and face-to-face.

(i) A case management supervisor must meet
the criteria for mental health professionals, as specified in section 245.462,
subdivision 18.

(j) An immigrant who does not have the
qualifications specified in this subdivision may provide case management
services to adult immigrants with serious and persistent mental illness who are
members of the same ethnic group as the case manager if the person:

(1) is currently enrolled in and is
actively pursuing credits toward the completion of a bachelor's degree in one
of the behavioral sciences or a related field including, but not limited to,
social work, psychology, or nursing from an accredited college or university;

(2) completes 40 hours of training as
specified in this subdivision; and

(3) receives clinical supervision at least
once a week until the requirements of this subdivision are met."

Page 1, line 11, strike
"persons" and insert "adults" and after
"illness" insert "or children with emotional disturbance"

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7515

Page
1, line 13, after the period, insert "A mental health practitioner for
a child client must have training working with children.A mental health practitioner for an adult
client must have training working with adults."

Page 1, line 18, strike
"persons" and insert "adults or children"

Page 2, line 3, strike "persons"
and insert "adults" and before the comma, insert "or
children with emotional disturbance"

Page 2, line 9, delete "persons"
and insert "adults or children"

Page 2, line 13, strike
"persons" and insert "adults or children"

Page 2, line 18, delete "persons"
and insert "adults or children"

Page 2, line 20, after "illness"
insert ", emotional disturbance,"

Page 3, line 7, delete "persons"
and insert "adults or children"

Page 5, line 29, delete "aid"
and insert "aide"

Page 15, line 32, strike "be exempt
from the" and insert "qualify as a mental health practitioner if
the practitioner holds a bachelor's degree in one of the behavioral sciences or
related fields from an accredited college or university, and:(1) has at least 2,000 hours of clinically
supervised experience in the delivery of mental health services to clients with
mental illness; (2) is fluent in the language, other than English, of the
cultural group that makes up at least 50 percent of the practitioner's clients,
completes 40 hours of training on the delivery of services to clients with
mental illness, and receives clinical supervision from a mental health
professional at least once per week until meeting the required 2,000 hours of
supervised experience; or (3) receives 40 hours of training on the delivery of
services to clients with mental illness within six months of employment, and
clinical supervision from a mental health professional at least once per week
until meeting the required 2,000 hours of supervised experience."

Subd. 7.Crisis
stabilization services.Crisis
stabilization services must be provided by a mental health professional or a
mental health practitioner, as defined in section 245.462, subdivision 17,
who works under the clinical supervision of a mental health professional and
for a crisis stabilization services provider entity and must meet the following
standards:

(1) a crisis stabilization treatment plan
must be developed which meets the criteria in subdivision 8;

(2) services must be delivered according
to the treatment plan and include face-to-face contact with the recipient by
qualified staff for further assessment, help with referrals, updating the
crisis stabilization treatment plan, supportive counseling, skills training,
and collaboration with other service providers in the community; and

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7516

(3)
mental health practitioners must have completed at least 30 hours of training
in crisis intervention and stabilization during the past two years."

Page 19, delete section 9 and insert:

"Sec. 11.EFFECTIVE
DATE.

Sections 1 to 10 are effective the day
following final enactment."

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Anderson, P.,
from the Committee on Agriculture Policy to which was referred:

Reported the same back with the
recommendation that the bill be re-referred to the Committee on Public Safety
and Security Policy and Finance.

The
report was adopted.

Anderson, P.,
from the Committee on Agriculture Policy to which was referred:

H. F. No. 3607, A bill for
an act relating to agriculture; requiring monitoring for nitrogen on certain
state lands; amending Minnesota Statutes 2016, section 103H.175, by adding a subdivision.

Reported the same back with the following
amendments:

Page 1, line 7, delete "Nitrogen"

Page 1, line 9, after "nitrogen"
insert "and phosphorous" and before the period, insert "and
monthly to members of the legislative committees with jurisdiction over
agriculture, natural resources, and the environment.Monthly reports submitted to committee
members must include charts"

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7518

The bill was read for the first time and
referred to the Committee on Agriculture Policy.

Hamilton introduced:

H. F. No. 3963, A bill for an act relating
to capital investment; appropriating money to correct safety, energy, and
operational efficiency problems at the Department of Agriculture/Department of
Health Laboratory Building; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred
to the Committee on State Government Finance.

Hertaus introduced:

H. F. No. 3964, A bill for an act relating
to workforce development; appropriating money for job skills training for
recently released inmates.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7522

The bill was read for the first time and
referred to the Committee on Taxes.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7524

Hamilton;
Anselmo; Barr, R.; Loon and Fenton introduced:

H. F. No. 3977, A bill for an act relating
to agriculture; providing that bee and apiary solar farms are an agricultural
use for purposes of mandatory review of certain state agency actions; modifying
requirements for a solar generation site claimed to provide habitat beneficial
to birds and pollinators; providing that a bee and apiary solar farm is an
agricultural use for purposes of a metropolitan agricultural preserve; amending
Minnesota Statutes 2016, sections 17.81, subdivision 4; 216B.1642; 473H.02,
subdivision 3, by adding a subdivision; 473H.05, subdivision 1.

The bill was read for the first time and
referred to the Committee on Agriculture Policy.

The bill was read for the first time and
referred to the Committee on Taxes.

Kunesh-Podein; Bly; Murphy, M.; Sandstede
and Davnie introduced:

H. F. No. 3990, A bill for an act relating
to education; creating a deadline for teacher contracts; imposing a penalty for
late contracts; proposing coding for new law in Minnesota Statutes, chapter
123B.

The bill was read for the first time and
referred to the Committee on Education Innovation Policy.

H. F. No. 4000, A bill for an act relating
to redistricting; proposing a constitutional amendment to establish a
redistricting commission to adopt congressional and legislative district
boundaries following each federal decennial census.

The bill was read for the first time and
referred to the Committee on Government Operations and Elections Policy.

Allen introduced:

H. F. No. 4001, A bill for an act relating
to liquor; authorizing the city of Minneapolis to issue an on-sale intoxicating
liquor license.

The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.

Runbeck introduced:

H. F. No. 4002, A bill for an act relating
to education; requiring school boards to adopt student mobile device policies;
proposing coding for new law in Minnesota Statutes, chapter 121A.

The bill was read for the first time and
referred to the Committee on Education Innovation Policy.

The bill was read for the first time and
referred to the Committee on Taxes.

Dehn, R.; Zerwas; Loon; Ward; Pinto and
Loeffler introduced:

H. F. No. 4014, A bill for an act relating
to corrections; establishing the Mama's Bus pilot project to provide parent and
child bonding and literacy for incarcerated women and their children;
appropriating money.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Peterson introduced:

H. F. No. 4015, A bill for an act relating
to education; authorizing school districts to use long-term facilities
maintenance revenue for projects that increase the safety and security of
school facilities; establishing a supplemental aid program to pay a portion of
the costs for school district projects that increase the safety and security of
school facilities; amending Minnesota Statutes 2016, section 123B.595,
subdivision 7, by adding a subdivision.

The bill was read for the first time and
referred to the Committee on Education Finance.

Anderson, S., introduced:

H. F. No. 4016, A bill for an act relating
to state government; requiring the commissioner of management and budget to
maintain a Web site that permits persons to make gifts to the state online;
amending Minnesota Statutes 2016, section 16A.013, by adding a subdivision.

The bill was read for the first time and
referred to the Committee on State Government Finance.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7531

The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.

Ward and Davids introduced:

H. F. No. 4020, A bill for an act relating
to taxation; individual income and corporate franchise; allowing a credit for
donations to certain youth intervention organizations; appropriating money;
proposing coding for new law in Minnesota Statutes, chapters 290; 299A.

The bill was read for the first time and
referred to the Committee on Taxes.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7532

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Quam and Green introduced:

H. F. No. 4022, A bill for an act relating
to public safety; requiring use of facial recognition technology as part of the
driver's license and Minnesota identification card application process;
proposing coding for new law in Minnesota Statutes, chapter 171.

The bill was read for the first time and
referred to the Committee on Transportation and Regional Governance Policy.

Howe introduced:

H. F. No. 4023, A bill for an act relating
to the State Fire Code; requiring inspections by the state fire marshal of
places of public accommodation; creating a dedicated account in the special
revenue fund; appropriating money; amending Minnesota Statutes 2016, section
299F.391, subdivisions 1, 2; proposing coding for new law in Minnesota
Statutes, chapter 299F.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Albright introduced:

H. F. No. 4024, A bill for an act relating
to emergency and public safety communications; establishing training
requirements for 911 telecommunicators and dispatchers; amending Minnesota
Statutes 2016, section 403.06, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 403.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Bliss introduced:

H. F. No. 4025, A bill for an act relating
to education finance; broadening the natural disaster debt service equalization
aid program to assist school districts with a high percentage of property
excluded from the tax rolls; appropriating money; amending Minnesota Statutes
2016, sections 123B.535; 127A.49.

The bill was read for the first time and
referred to the Committee on Education Finance.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7533

The bill was read for the first time and
referred to the Committee on Taxes.

Jurgens introduced:

H. F. No. 4035, A bill for an act relating
to capital investment; appropriating money for preservation and rehabilitation
of the historically designated Hastings City Hall; authorizing the sale and
issuance of state bonds.

The bill was read for the first time and
referred to the Committee on State Government Finance.

McDonald introduced:

H. F. No. 4036, A bill for an act relating
to state government; requiring a reduction in the state workforce; creating an
early retirement program; proposing an amendment to the Minnesota Constitution;
limiting the level of budgeted spending to the amount collected in the prior
biennium; prohibiting bonus payments for public employees; reducing salaries of
state employees and elected officials; amending Minnesota Statutes 2016,
section 15A.086; proposing coding for new law in Minnesota Statutes, chapter
43A.

The bill was read for the first time and
referred to the Committee on Government Operations and Elections Policy.

The bill was read for the first time and
referred to the Committee on Government Operations and Elections Policy.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7535

Thissen
introduced:

H. F. No. 4038, A bill for an act relating
to higher education; requiring approval from the commissioner of commerce
before the University of Minnesota can offer a university-sponsored student
health benefit plan; proposing coding for new law in Minnesota Statutes,
chapter 137.

The bill was read for the first time and
referred to the Committee on Commerce and Regulatory Reform.

Thissen introduced:

H. F. No. 4039, A bill for an act relating
to employment; requiring employers to provide seats for employees; providing
penalties; proposing coding for new law in Minnesota Statutes, chapter 181.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7536

Considine
introduced:

H. F. No. 4044, A bill for an act relating
to public safety; including the transfer of all bodily fluids in the crime of assaulting secure treatment facility personnel;
amending Minnesota Statutes 2016, section 609.2231, subdivision 3a.

The bill was read for the first time and
referred to the Committee on Public Safety and Security Policy and Finance.

Olson, Schultz and Flanagan introduced:

H. F. No. 4045, A bill for an act relating
to health; creating a task force to facilitate person-centered innovation in
health and human services through a statewide expansion of telepresence
platform access and collaboration; requiring a report.

The bill was read for the first time and
referred to the Committee on Health and Human Services Reform.

The bill was read for the first time and
referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.

Lee; Clark; Dehn, R.; Omar and Davnie
introduced:

H. F. No. 4050, A bill for an act relating
to housing; requiring notice to the tenants of the sale of certain residential
rental property; proposing coding for new law in Minnesota Statutes, chapter
462A.

The bill was read for the first time and
referred to the Committee on Civil Law and Data Practices Policy.

The bill was read for the first time and
referred to the Veterans Affairs Division.

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7539

MESSAGES
FROM THE SENATE

The
following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:

S. F. No. 3133.

Cal R. Ludeman,
Secretary of the Senate

FIRST READING
OF SENATE BILLS

S. F. No. 3133, A bill for
an act relating to public safety; requiring the legislative auditor to appoint
an information technology auditor to conduct an assessment of MNLARS;
establishing a MNLARS steering committee; appropriating money.

The bill was read for the first time.

DECLARATION
OF URGENCY

Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Torkelson moved that the rule therein
be suspended and an urgency be declared and that the rules of the House be so
far suspended so that S. F. No. 3133 be given its second and
third readings and be placed upon its final passage.

A roll call was requested and properly
seconded.

The question was taken on the Torkelson
motion and the roll was called.There
were 126 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7540

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt

The
motion prevailed.

S. F. No. 3133
was read for the second time.

Torkelson moved
to amend S. F. No. 3133, the second engrossment, as follows:

Subdivision 1.Supplemental
appropriations.(a) The
following amounts are appropriated in fiscal year 2018 to the commissioner of
public safety to develop, deploy, operate, and maintain the driver and vehicle
information system known as the Minnesota Licensing and Registration System
(MNLARS):

(1) $7,500,000 from the driver services
operating account in the special revenue fund; and

(2) $2,500,000 from the vehicle
services operating account in the special revenue fund.

(b) The appropriations in this
subdivision must be expended only in the specified amounts for the following
purposes:

(1) $551,000 for driver and vehicle
services staffing, to perform general duties and functions of driver and
vehicle services;

(2) $694,000 for driver and vehicle
services staffing, to support development and implementation activities of the
contracted driver services component of MNLARS;

(3) $195,000 for driver and vehicle
services business costs, to expand customer service and public information
center capacity through additional staff and associated hardware and software
equipment;

(4) $4,776,000 for contracting, to
perform software development on the vehicle services component of MNLARS;

(5) $560,000 for driver and vehicle
services staffing, to support ongoing development activities of the vehicle
services component of MNLARS;

(6) $624,000 for Office of MN.IT
Services staffing, to support ongoing development activities of the vehicle
services component of MNLARS; and

(7) $2,599,000 for technology costs,
which consists of:

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7541

(iii) $650,000 for partial relocation
of data from the enterprise data center;

(iv) $780,000 for disaster recovery
preparedness; and

(v) $1,049,000 for contracted software
review and software development support services.

(c) The appropriations in this
subdivision are onetime appropriations.Notwithstanding
Minnesota Statutes, section 16A.28, subdivision 1, the unencumbered balances of
the appropriations in this subdivision cancel on June 30, 2018, to the
driver services operating account or the vehicle services operating account, as
appropriate.

Subd. 2.Executive
agency appropriations; targeted reductions; transfer.(a) By October 31, 2018, the
commissioner of management and budget must, with the approval of the governor
and after consulting the Legislative Advisory Commission, reduce general fund
appropriations for executive agency operating expenditures by $10,000,000 for
the biennium ending June 30, 2019.In
making reductions, the commissioner must prioritize reductions to any increased
central operating or administrative expenses within an agency that resulted
from the enactment of operating adjustments for that agency for the biennium
ending June 30, 2019, compared to appropriations enacted for the agency for the
biennium ending June 30, 2017.The
commissioner must not reduce appropriations for client-facing health care, corrections,
public safety, mental health programs, or other services that are provided
directly to members of the public.

(b) By June 30, 2018, the commissioner
of management and budget must transfer $10,000,000 from the general fund to the
driver services operating account in the special revenue fund.

(c) For purposes of this subdivision,
"executive agency" has the meaning given in Minnesota Statutes,
section 16A.011, subdivision 12, and includes constitutional officers.

Subd. 3.Project
schedule; performance measures.(a)
By the first business day after 21 days following the effective date of this
section, the commissioner of management and budget, in consultation with the
commissioner of public safety and the state chief information officer, must (1)
establish a project schedule for the driver and vehicle information system
known as the Minnesota Licensing and Registration System (MNLARS), with
specific deadlines and milestones and based on the MNLARS Project Roadmap
proposed in January 2018, and (2) develop performance measures for the MNLARS
project.

(b) At a minimum, the performance
measures must provide specific metrics to monitor MNLARS development and
implementation activities, including measures of:

(1) the extent to which MNLARS defects
have been resolved;

(2) the extent to which gaps in MNLARS
functionality have been resolved;

(3) improvements in the ability of
MNLARS users to edit transactions;

(4) reduction in the backlog of vehicle
titles;

(5) the extent of errors in driver or vehicle
transactions;

(6) system performance, including the
extent of any slowdowns, outages, or other system performance issues;

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(7)
customer service responsiveness, which may include the number of phone calls
and e­mails from the general public and stakeholders, and the timeliness of
inquiry responses; and

(8) deputy registrar satisfaction.

(c) The commissioner must submit the
performance measures to the members and staff of the legislative committees
with jurisdiction over transportation policy and finance, state government
finance, and technology and responsive government.

(d) The performance measures under this
subdivision are not administrative rules and are not subject to Minnesota
Statutes, chapter 14.

Subd. 4.Progress
reporting.(a) On a monthly
basis, the commissioner of public safety and the state chief information
officer must jointly provide progress reports on the Minnesota Licensing and
Registration System (MNLARS) project.At
a minimum, each progress report must identify activity and status toward
successfully meeting outcomes within the project schedule and within the
project budget, including but not limited to:

(1) whether deadlines under the project
schedule have been met and, if not, information on schedule revisions to meet
the deadlines;

(2) an overview of project activity
during the preceding month and the total amount spent on each activity;

(3) information on project staffing and
contractors including, separately, the amount spent for state employees and the
amount spent for private contractors in the preceding month, itemized by the
number of employees and contractors, the duties of each related to the project,
and the agency responsible for their work;

(4) a summary of any new challenges or
risks that were identified in the preceding month;

(5) a summary of any additional or
unexpected costs that were identified in the preceding month, including a
detailed explanation of the costs and why the costs had not been identified
previously, the source and an itemization of funds expected to be used to cover
the costs, and the specific steps taken to reduce costs in other project
activities to ensure the overall project cost remains within the budget
appropriated by law;

(6) details on the status for each
performance measure established under subdivision 3; and

(7) a clear statement, signed separately
by the commissioner and the state chief information officer, that certifies
whether, as of the time of the report, the project is on schedule and within
the budget appropriated by law, and that includes the following:"I affirm that the statements submitted
to the Legislature in this document are complete and truthful to the best of my
knowledge."

(b) The commissioner of management and
budget must submit each progress report under paragraph (a) to the chairs,
ranking minority members, and staff of the legislative committees with
jurisdiction over transportation policy and finance, state government finance,
and technology and responsive government.

(c) The requirements under this subdivision
expire upon full implementation of MNLARS, which includes but is not limited to
resolution of all significant defects, implementation of all functionality gaps
identified in the project schedule, and decommissioning of the legacy driver
and vehicle services information technology system.

Subd. 5.Request
for information.(a) No later
than April 1, 2018, the commissioner of public safety must issue a request for
information as described in this subdivision.The request for information must obtain advice from qualified vendors
regarding the feasibility of using a private vendor to develop, deploy, and
maintain a driver and vehicle information system that replaces the system known
as the Minnesota Licensing and Registration System (MNLARS).

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(b)
The request for information must solicit advice on procuring a replacement
driver and vehicle information system that:

(1) is cost-effective, reliable,
consumer- and user-friendly, and implemented in a timely manner; and

(2) contains functionality that substantially
matches the functionality and features of the legacy information technology
system in place prior to initial implementation of MNLARS.

(c) The request for information must be
designed to obtain implementation information that includes:

(1) feasibility, costs, and a
preliminary estimated timeline or schedule for implementation;

(2) a breakdown of costs and
implementation timelines between driver services and vehicle services
functionality, including costs of integrating a vehicle services information
system with a separately developed driver services information system; and

(3) capacity and experience of a
potential vendor.

(d) The request for information under
this section must be published in the State Register and on the Web site of the
Department of Administration at least 14 days prior to closing.The request must otherwise be administered
according to the requirements of Minnesota Statutes, chapter 16C, to the extent
applicable, provided that a vendor's submission does not constitute a response
to a solicitation, as defined in Minnesota Statutes, section 16C.02,
subdivision 14, and may not be used by the commissioner to enter a contract
unless the terms of the submission are later included in a vendor's response to
a formal solicitation, as defined in Minnesota Statutes, section 16C.02,
subdivision 7.

(e) No later than August 1, 2018, the
commissioner must submit a report to the chairs, ranking minority members, and
staff of the legislative committees with jurisdiction over transportation
policy and finance, state government finance, and technology and responsive
government, that summarizes the responses received from qualified vendors under
this section.

Subd. 6.REAL
ID Act extensions.The
commissioner of public safety must coordinate with the governor to seek any
extensions available from the United States Department of Homeland Security
with respect to federal enforcement of the REAL ID Act of 2005, Public Law
109-13, Division B.The commissioner
must make all feasible efforts to promptly obtain extensions.

EFFECTIVE
DATE.This section is
effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to public
safety; establishing certain requirements with respect to the development and implementation
of the Minnesota Licensing and Registration System; appropriating money;
requiring a report."

A roll call was requested and properly
seconded.

The question was taken on the Torkelson
amendment and the roll was called.There
were 81 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7544

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Marquart

McDonald

Miller

Munson

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt

Those who voted in the negative were:

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Dehn, R.

Ecklund

Fischer

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Masin

Maye Quade

Metsa

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pinto

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim

The
motion prevailed and the amendment was adopted.

Anderson, S., moved
to amend S. F. No. 3133, the second engrossment, as amended, as
follows:

Subd. 21.Technology
surcharge.For every vehicle
registration renewal required under this chapter, the commissioner shall
collect a surcharge of:(1) $1.75
until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016$2.00.Surcharges collected under this subdivision
must be credited to the driver and vehicle services technology account in the
special revenue fund under section 299A.705.

EFFECTIVE
DATE.This section is
effective July 1, 2019, and applies to taxes payable for a registration period
starting on or after that date.

(2) $10 is imposed on every other type of
vehicle transaction, including motor carrier fuel licenses under sections
168D.05 and 168D.06, and pro rate transactions.

(b) Notwithstanding paragraph (a):

(1) a filing fee may not be charged for a
document returned for a refund or for a correction of an error made by the
Department of Public Safety, a dealer, or a deputy registrar; and

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7545

(2)
no filing fee or other fee may be charged for the permanent surrender of a
title for a vehicle.

(c) The filing fee must be shown as a
separate item on all registration renewal notices sent out by the commissioner.

(d) The statutory fees and taxes, and the
filing fees imposed under paragraph (a) may be paid by credit card or debit
card.The deputy registrar may collect a
surcharge on the statutory fees, taxes, and filing fee not greater than the
cost of processing a credit card or debit card transaction, in accordance with
emergency rules established by the commissioner of public safety.The surcharge must be used to pay the cost of
processing credit and debit card transactions.

(e) The fees collected under this
subdivision by the department must be allocated as follows:

(1) of the fees collected under paragraph
(a), clause (1):

(i) $4.50 must be deposited in the vehicle
services operating account; and

(ii) $1.50 must be deposited:

(A) in the driver and vehicle
services technology account until sufficient funds have been deposited in that
account to cover all costs of administration, development, and initial full
deployment of the driver and vehicle services information system; and

(B) after completion of the deposit of
funds under subitem (A) in the vehicle services operating account; and

(2) of the fees collected under paragraph
(a), clause (2):

(i) $3.50 must be deposited in the general
fund;

(ii) $5.00 must be deposited in the
vehicle services operating account; and

(iii) $1.50 must be deposited:

(A) in the driver and vehicle services
technology account until sufficient funds have been deposited in that
account to cover all costs of administration, development, and initial full
deployment of the driver and vehicle services information system; and

(B) after completion of the deposit of
funds under subitem (A) in the vehicle services operating account.

Subdivision 1.Amounts.(a) The department must be paid the
following fees:

(1) for filing an application for and the
issuance of an original certificate of title, the sum of:

(i) until December 31, 2016, $6.25 of
which $3.25 must be paid into the vehicle services operating account of the
special revenue fund under section 299A.705, and from July 1, 2012, to June 30,
2016, a surcharge of $1 must be added to the fee and credited to the driver and
vehicle services technology account; and

(ii) on and after January 1, 2017,
$8.25$10.25, of which:

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(i)
$4.15 must be paid intodeposited in the vehicle services
operating account; and

(ii) $2.00 must be deposited in the
driver and vehicle services technology account in the special revenue fund;

(2) for each security interest when first
noted upon a certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction, the sum of $2,
except that no fee is due for a security interest filed by a public authority
under section 168A.05, subdivision 8;

(3) until December 31, 2016, for the
transfer of the interest of an owner and the issuance of a new certificate of
title, the sum of $5.50 of which $2.50 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705, and from
July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and
credited to the driver and vehicle services technology account;

(4) for each assignment of a security
interest when first noted on a certificate of title, unless noted concurrently
with the security interest, the sum of $1; and

(5)(4) for issuing a
duplicate certificate of title, the sum of $7.25 of which $3.25 must be paid
into the vehicle services operating account of the special revenue fund under
section 299A.705; from July 1, 2012, to June 30, 2016, a surcharge of $1 must
be added to the fee and credited to the driver and vehicle services technology
account.

(b) In addition to the fee required under
paragraph (a), clause (1), the department must be paid $3.50.The additional $3.50 fee collected under this
paragraph must be deposited in the special revenue fund and credited to the
public safety motor vehicle account established in section 299A.70.

EFFECTIVE
DATE.This section is
effective July 1, 2019, for fees collected on or after that date.

In addition to each fee required in this paragraph, the
commissioner shall collect a surcharge of:(1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to
June 30, 2016$2.00.Surcharges
collected under this paragraph must be credited to the driver and vehicle
services technology account in the special revenue fund under section 299A.705.

(b) Notwithstanding paragraph (a), an
individual who holds a provisional license and has a driving record free of (1)
convictions for a violation of section 169A.20, 169A.33, 169A.35, sections
169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related
moving violations, and (3) convictions for moving violations that are not crash
related, shall have a $3.50 credit toward the fee for any classified under-21
driver's license."Moving
violation" has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee
required under paragraph (a), the commissioner shall collect an additional $4
processing fee from each new applicant or individual renewing a license with a
school bus endorsement to cover the costs for processing an applicant's initial
and biennial physical examination certificate.The department shall not charge these applicants any other fee to
receive or renew the endorsement.

(d) In addition to the fee required under
paragraph (a), a driver's license agent may charge and retain a filing fee as
provided under section 171.061, subdivision 4.

(e) In addition to the fee required under
paragraph (a), the commissioner shall charge a filing fee at the same amount as
a driver's license agent under section 171.061, subdivision 4.Revenue collected under this paragraph must
be deposited in the driver services operating account.

(f) An application for a Minnesota
identification card, instruction permit, provisional license, or driver's
license, including an application for renewal, must contain a provision that
allows the applicant to add to the fee under paragraph (a), a $2 donation for
the purposes of public information and education on anatomical gifts under
section 171.075.

EFFECTIVE
DATE.This section is
effective July 1, 2019, for fees collected on or after that date."

Renumber the sections in sequence and
correct the internal references

Amend the title accordingly

A roll call was requested and properly
seconded.

The Speaker called Albright to the Chair.

Halverson was excused for the remainder of
today's session.

The question
was taken on the Anderson, S., amendment and the roll was called.There were 8 yeas and 117 nays as follows:

Those who voted in the affirmative were:

Bly

Clark

Liebling

Metsa

Murphy, M.

Olson

Schultz

Youakim

Journal of the House - 72nd Day -
Monday, March 19, 2018 - Top of Page 7472

Those who voted in the negative were:

Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Carlson, A.

Carlson, L.

Christensen

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Miller

Munson

Murphy, E.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Zerwas

Spk. Daudt

The
motion did not prevail and the amendment was not adopted.

Hansen moved to
amend S. F. No. 3133, the second engrossment, as amended, as
follows:

Delete everything after the enacting
clause and insert:

"Section 1.INFORMATION
TECHNOLOGY AUDITOR; MNLARS ASSESSMENTS.

Subdivision 1.Appointment.The legislative auditor must appoint
an information technology auditor to actively monitor and report on the
development and implementation of the Minnesota Licensing and Registration
System (MNLARS).At a minimum, the
person appointed to this position must have expertise in .NET coding.

Subd. 2.Duties.(a) The information technology auditor
must conduct an assessment of MNLARS.The
assessment must be provided to the MNLARS Steering Committee upon completion.At a minimum, the assessment must include:

(1) a technical assessment of the
MNLARS system;

(2) an assessment of the feasibility of
the MNLARS Project Roadmap proposed in January 2018, and any new or updated
project roadmaps;

(3) an assessment of estimated funding
needs for the continued development, operations, and maintenance of the MNLARS
system; and

(4) an assessment of process changes
and business flows for auto dealers and deputy registrars.

(b) The information technology auditor
must make quarterly reports to the MNLARS Steering Committee, established in
section 2, on:

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7549

(1)
whether the commissioner of public safety and the chief information officer are
in compliance with the plans required in section 2, subdivision 4; and

(2) whether the commissioner of public
safety and the chief information officer are meeting the deadlines and
performance measures in the timeline required in section 2, subdivision 4.

EFFECTIVE
DATE.This section is
effective the day following final enactment.

Sec. 2.MNLARS
STEERING COMMITTEE; QUARTERLY FUNDING REVIEW.

Subdivision 1.Definitions.(a) For purposes of this section, the
following terms have the meanings given.

(b) "Committee" means the
MNLARS Steering Committee established in this section.

(c) "Commissioner" means the
commissioner of management and budget or the commissioner's designee.

(d) "MNLARS" means the
Minnesota Licensing and Registration System developed by the Department of
Public Safety and the Office of MN.IT Services.

(f)
"Quarter" means a three-month period starting on July 1, October 1,
January 1, and April 1, in fiscal year 2019.

Subd. 2.Meetings.(a) The senate chair of the committee
with jurisdiction over transportation finance must convene the initial meeting
of the committee by May 1, 2018.

(b) The chairs of the house of
representatives and senate committees with jurisdiction over transportation
finance serve as cochairs of the committee.

(c) The committee must meet, at a
minimum, once each quarter.The
committee must review the report from the information technology auditor.

(d) The committee is subject to
Minnesota Statutes, section 3.055, except that a member may vote by submitting
a written statement indicating what recommendation the member makes, as
provided in subdivision 5.This written
statement must be treated in the same manner as the votes of the members
present at the meeting.The notice must
be submitted to all members prior to the start of the meeting where the vote
will take place.

(e) The Legislative Coordinating
Commission must provide meeting space and administrative services for the
committee.

Subd. 3.MNLARS
Steering Committee.(a) The
committee is made up of the following members:

(1) the senate majority leader, or a
senator appointed by the majority leader;

(2) the chair and ranking minority
member of the senate committee with jurisdiction over transportation finance;

(3) the speaker of the house of
representatives, or a member of the house of representatives appointed by the
speaker; and

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7550

(4)
the chair and ranking minority member of the house of representatives committee
with jurisdiction over transportation finance.

Subd. 4.Plans;
timeline; performance measures; reports.(a) By May 15, 2018, the commissioner of public safety and the
state chief information officer must submit to the committee:

(1) a proposed progress timeline for the
development and implementation of MNLARS that includes specific deadlines and
performance measures that must be met quarterly;

(2) a plan for user acceptance testing,
including metropolitan and out-state deputy registrars and auto dealers, to the
extent such testing is deemed feasible by the Minnesota Deputy Registrar's
Association and the Minnesota Automobile Dealer's Association;

(3) a plan for system stakeholder input
on code releases to the MNLARS system;

(4) a proposed communications plan for
transparent reporting on outages and slowdowns to system stakeholders,
including how to provide timely information in a usable format, actions taken
in response to communication, and responses from the Department of Public
Safety and the Office of MN.IT Services;

(5) a proposed communications plan for
postrelease reporting on features and fixes to system stakeholders; and

(6) a proposed plan for creating greater
efficiencies and streamlining the vehicle title process to reduce the current backlog
and to minimize any future backlogs.

(b) At a minimum, the performance
measures required in the timeline must provide specific metrics to monitor
MNLARS development and implementation activities, including measures of:

(1) the extent to which MNLARS defects
have been resolved;

(2) the extent to which gaps in MNLARS
functionality have been resolved;

(3) improvements in the ability of
MNLARS users to edit transactions;

(4) reduction in the backlog of vehicle
titles;

(5) the extent of errors in driver or
vehicle transactions;

(6)
system performance, including the extent of any slowdowns, outages, or other
system performance issues; and

(7) customer service responsiveness,
which may include the number of phone calls and e­mails from the general public
and stakeholders, and the timeliness of inquiry responses.

(c) The committee must review the
proposed timeline and plans.The
committee may request that the commissioner of public safety and the state
chief information officer make changes to the timeline and plans.By June 1, 2018, the committee must approve a
timeline and plans.The cochairs must
transmit copies of the timeline and plans to the information technology
auditor.

(d) Between 20 and 30 days before the
start of each quarter, the commissioner of public safety and the state chief
information officer must each submit a report to the committee on the progress
of the performance measures identified in paragraph (b).Between 20 and 30 days before the start of
each quarter, the Minnesota Deputy Registrar's Association and the Minnesota
Automobile Dealer's Association are each encouraged to submit a report to the
committee on the progress of the relevant performance measures identified in
paragraph (b).

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Subd. 5.Review
of MNLARS appropriation.(a)
Funds appropriated to the Department of Public Safety for MNLARS are divided
into four equal quarters.The
commissioner must allot a quarter of the funds on July 1, October 1, January 1, and April 1, unless directed
otherwise by the committee as provided in this section.Twenty days prior to the start of a
quarter, the commissioner must submit the proposed funding allotment to the
members of the committee for review and recommendation.The commissioner of public safety and the
state chief information officer must provide information to the committee to
enable the committee members to determine whether the deadlines and performance
measures have been met for the quarter.The
committee members have 20 days from the receipt of the proposal to determine
whether the Department of Public Safety and the Office of MN.IT Services have
met the deadlines and performance measures established in subdivision 4.If no recommendation is made during the
20-day review period, the commissioner may allot the quarterly funds to the
Department of Public Safety for MNLARS.If
a majority of the committee members make a negative recommendation based on the
failure to meet deadlines or performance measures or recommend further review
to determine whether deadlines and performance measures have been met during
the 20-day review period, the committee may defer all future payments, slow the
next allotment, or condition the next allotment.Accordingly, the commissioner must defer,
slow, or condition the quarterly funds to the Department of Public Safety for
MNLARS.

(b) A committee member, by written
notice to the commissioner, may withdraw a negative recommendation or a
recommendation for further review within 20 days of making the recommendation.If a majority of members make a negative
recommendation or a recommendation for further review, but members subsequently
withdraw recommendations under this paragraph so that three or fewer
recommendations remain, the commissioner may allot the quarterly funds to the
Department of Public Safety for MNLARS.

(c) If a quarterly allotment is not
made pursuant to paragraph (a), the commissioner must allot to the Department
of Public Safety an amount sufficient to fund an additional 30 days for
contracted technical staff working on MNLARS.If negative recommendations or recommendations for further review are
withdrawn pursuant to paragraph (b) after the partial allotment is made under
this paragraph, the commissioner must allot the remainder of the quarterly
allotment.

Subd. 6.Resubmission
of proposal.If a proposed
allotment receives a negative recommendation or a recommendation for further
review under subdivision 3, and all of the negative recommendations and
recommendations for further review are not withdrawn, the commissioner may
submit proposed legislation to the chairs of the house of representatives Ways
and Means Committee and the senate Finance Committee for consideration during
the 2019 legislative session.

EFFECTIVE
DATE.This section is
effective the day following final enactment and applies to any fiscal year 2019
appropriation for MNLARS in this act or any subsequent act.

Sec. 3.APPROPRIATIONS.

(a) $9,650,000 in fiscal year 2018 is
appropriated from the special revenue fund to the commissioner of public safety
for contracted technical staff and technical costs related to the continued
development and improvement of the Minnesota Licensing and Registration System
(MNLARS).Of this amount, $2,150,000 is
from the vehicle services operating account and $7,500,000 is from the driver
services operating account.These are
onetime appropriations.

The appropriation in this paragraph may be expended only
for:

(1) contracts for the performance of
software development on the vehicle services component of MNLARS; and

(2) technology costs.

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of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7552

The
appropriation in this paragraph must not be spent on:

(1) additional full or part-time
employees employed by the Department of Public Safety; or

(2) an audit, evaluation, or assessment
of the feasibility of a proposed plan to resolve defects and implement all
functionality conducted by the Department of Public Safety or the Office of MN.IT
Services or an entity hired by the Department of Public Safety or the Office of
MN.IT Services.

(b) $100,000 in fiscal year 2018 and
$250,000 in fiscal year 2019 are appropriated to the Office of the Legislative
Auditor from the vehicle services operating account in the special revenue fund
for the information technology auditor position established in section 1.This is a onetime appropriation.

EFFECTIVE
DATE.This section is
effective the day following final enactment."

Renumber the sections in sequence and
correct the internal references

Amend the title accordingly

A roll call was requested and properly
seconded.

The question was taken on the Hansen
amendment and the roll was called.There
were 45 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Dehn, R.

Ecklund

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Masin

Metsa

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pinto

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim

Those who voted in the negative were:

Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

Marquart

McDonald

Miller

Munson

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt

The
motion did not prevail and the amendment was not adopted.

Journal
of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7553

S. F. No. 3133,
A bill for an act relating to public safety; requiring the legislative auditor
to appoint an information technology auditor to conduct an assessment of
MNLARS; establishing a MNLARS steering committee; appropriating money.

The bill was read for the third time, as
amended, and placed upon its final passage.

The question was taken on the passage of
the bill and the roll was called.There
were 98 yeas and 27 nays as follows: